The rapid growth in technology has seen a surge in the number of apps developed in the last decade. Apps such as Instagram are worth over $100 billion. As a result, it is crucial that you have adequate intellectual property protection for your app to prevent potential misuse of your idea.
What is Intellectual Property (IP)?
Intellectual property constitutes any creation of the mind that can be legally protected by the owner. This allows IP owners to commercialise their creations without losing their control over their creation. Your app’s intellectual property can be protected through different categories of IP discussed in this article. Each IP option provides different levels of protection. Therefore, it is essential to choose an option that serves your needs and product well.
Under Australian law, you can apply for intellectual property protection through five different avenues:
Patents
You can apply for a patent if your app satisfies the criteria set out in the Patents Act 1990 (Cth). Your app has to be innovative, unique and have a patentable subject matter. A patent covers everything from the idea to the functionality of the app. That is to say, a patent will provide overall protection for your app.
There are two types of patents granted in Australia:
Standard Patents
A standard patent will grant protection and control over your app for up to 20 years from the filing date of your application. However, standard patent applications can take anywhere between six months to a few years.
Innovation Patents
If your app does not meet the inventive threshold of the criteria specified for standard patents, you could apply for an innovative patent. This patent offers protection for up to eight years. An innovative patent protects your app by considering your app to be an advancement on existing technology. The patent can be granted in a month and is comparatively cheaper to standard patents. In contrast, standard patents are more expensive and time-consuming.
If you believe your app fulfils the criteria for a patent, head over to Apply for Patent to start your application.
If your app doesn’t satisfy the criteria for patents, the next best option would be registering your app for trademark.
Trademarks
You can register the name of your app along with the app icon design for a trademark. Doing so would grant you proprietary right to use the name or the icon of your app whilst offering protection from your competitors. A registered trademark will also transform your app into an invaluable asset that you can later sell, license or assign.
Copyright
The Copyright Act 1968 (Cth) offers protection for computer software. Therefore, it is highly probable that this protection extends to apps as well. To qualify for copyright, your app must be original and developed through your own skill and effort. Copyright protects the expressed material form of your app’s software code as well as its design, layout and content. Copyright protection lasts throughout the life of the app developer until 70 years from the year of the developer’s death.
For more information about copyright in Australia, click here.
Trade Secrets
Trade secrets protect any confidential information including inner workings of your app, processes and methods used in the production of the app. This process involves getting your employees to sign a non-disclosure agreement and a non-compete form. This should keep any proprietary knowledge out of your competitor’s hands. Common law provides protections for any breach of confidentiality agreements and infringement of trade secrets. However, proving a breach of confidentiality is often a complex and expensive process.
App Terms & Conditions
Terms and conditions outlined on the app govern how the public can use your app. You have the right to control the limits of this usage. For example, you can permit users to copy, print or download content from your app. You also have the right to prohibit commercial use of the app content without authorisation.
In short, If you have a unique and innovative app, you should consider applying for a patent to receive legal intellectual property protection. However, if the app doesn’t satisfy the criteria for patents, alternative IP options like a trademark, copyright, trade secrets and application terms and condition all add value when it comes to protection and control.
