How to Protect Your App Idea From Being Copied?

According to statistics, mobile applications are expected to bring over $900 billion in total shares to their owners next year. No wonder ambitious, promising app ideas are being so actively hunted for, while app copyright protection, including legal protection, is of even greater relevance. It’s a matter of fact that about 90% of the best applications in the market are constantly copied, creating a lot of inconveniences for original products.

Following certain precautions is especially relevant when you turn to external suppliers for custom app development services. However, the below pro tips should help you get a better understanding of how to protect an app idea from theft or unauthorized copying at all stages.

Right Team and Business Partners

Suppose I have an idea for an app – how do I protect it early on? The simplest tip is to share secrets as little as possible. However, you will have to explain the essence of the idea to developers, partners, and customers.

The most obvious thing to do is avoid revealing all the details before you check the data, reputation, websites, and reviews.

Another important aspect is the transfer of the rights to intellectual property, the code and other intangible stuff, from the supplier to you. It usually happens simultaneously with the payment but there may be other options as well. So make sure to draw up a thorough contract that indicates the copyright of an app idea, with each crucial step detailed.

Non-Disclosure Agreement (NDA)

When hiring third-party developers, the non-disclosure agreement is mandatory. It is advisable to sign it before you disclose any sensitive information. The NDA will ensure the confidentiality of the idea before and after it goes to market. It will protect your rights in case of information leakage during the development process or termination of the contract with contractors. So, NDA comes first, then you talk through the whole project and get an estimation. If everything is fine at this stage then you proceed to the Development Agreement. This is a simple but not absolute tip on how to protect your app idea from being copied.

Patent Application

This is a title of protection that gives the exclusive right to use the technology, solution or approach that is at the core of your application. Moreover, a design patent will protect its exact appearance.

The exclusive right can be sold either in whole or in part. It allows you to use your development as you wish. But for this, you need to become a copyright holder – i.e., obtain a certificate of registration for an object of intellectual activity. How to register an app idea at the patent office? Your lawyers should know.

Please note that patents are only granted for original products, which means those created without previously patented methods and processes. It will be possible to patent the way the application works and the design of the application interface.

Is it Important to Patent an Idea for an App?

Applying for a patent is complex and time-consuming. A patent costs money, and only unique functionality is fixed in it. You will have to submit important information, so it is best to do this in close contact with lawyers. Given that patent legislation is kind of a Dante’s dark forest, wandering there can only be justified for unique and revolutionary technologies. But there’s good news.Having patents gives investors a sense of security and credibility better than any assurances or pitches.

In this way, you can protect the functionality of the application from variations associated with parallel development by other companies. But there’s an important point made by fathers of marketing – Al Ries and Jack Trout – that you’d better be first than the best. Outrunning your rivals in the development stage can save you from battling them in court.

Trademark an App

So, can you patent an app idea without going far into details? No, that’s why it’s reasonable to register the name and brand as a trademark at the development stage of the application.

This will restrict your competitors from using the logo or its elements. The documentation issued for registration serves to “mark” a point in time. When trying to challenge someone’s development time for your idea, this can be important. This way, you can protect the functionality of the application from direct copying. Moreover, a trademark will provide extra assistance in resolving legal disputes.

App’s Name

Using a trademark will prevent someone from copying your app’s name. Otherwise, you just file a lawsuit in court and win the case.

Before choosing a name, it is important to make sure that it is available. To do this, contact your national office. But keep in mind that the possibility of similar applications appearing under other names is not completely excluded.

In the App Store, you can also secure an app by reserving its name. You need an iTunes Connect account to do this. It’s free, but you’ll only be able to reserve names that aren’t already taken.

The Microsoft Store can reserve a name up to three months in advance of app publication. You can also reserve multiple names in Partner Center.

App’s Logo

You should also protect the appearance of the application, including the fonts, colors, and symbols that are used in the design. But even if the name of the application is on the logo, it will not necessarily be trademarked by your logo. In other words, the use of both trademarks allows the brand identity to be preserved.

Additional Methods

Protecting your app idea, you may also go for some extra methods that differ from case to case.

Non-Compete Agreement (NCA)

In the course of work, the contractor may achieve specific knowledge in your domain and maybe even contacts with your end clients. You don’t want them to use it for the benefit of your competitors. don’t you, right? That’s what the NCA is meant for – it obliges the contractor not to compete with you or carry out similar projects for other companies within a specified period of time after the completion of the project. Frankly speaking, NCA quite a headache because contractors shy away from it like the devil himself. In a nutshell it’s a terrifying list of all the Dos and don’ts which delineates the boundaries of contractor’s esponsibility, and who is considered your competition. But it is absolutely indispensable – better safe than sorry.

To create such a document, find a template online and include a reasonable non-compete period. A lawyer can help you draft an agreement.

Transferring the Developer’s Copyright

If you work with freelancers, ask for the transfer of copyright for the work they have done. In this case, they will not be able to reuse any content created for you. Use the appropriate “copyright clause examples” or have a lawyer draft one for you.

Making Your Idea Real

The easiest and safest pro tip on how to copyright an app idea is to convert it into a working app. No one will be able to reverse-engineer or directly steal your code, although fakes can be a problem.

Business is like a jungle. You have to bear in mind that almost everything can be stolen, copied and imitated. Move fast, aim to be first, secure your positioning in the mind of your customer. The working strategy is conquest – fight for the pace and maximum exposure, capture as much market share as you can. Show them a clean pair of heels. Veni, vidi, vici.

Total Documenting

If or when the project goes south and the litigation red tape is imminent, there’s one thing to get you covered. Pedantic and all-encompassing documentatio: all project documents, from the inception to the implementation of the idea in writing. In a separate file, you need to save the application code, brainstorming diagrams, design sketches, and any other information on the project. All correspondence, all agreements, everything imaginable and possible. No one plans to end up in court, but if it happens – let the opponent be afraid of what you have.

Prosecution of Violators

Let’s imagine the worst case scenario – a lawsuit is almost inevitable. There’s a last chance of settling the issue on a pretrial stage. Notify the offender that you are going to sue them. Any litigation, regardless of the outcome, is a significant material cost for both sides. Demonstrating the seriousness of their intentions, you leave the last opportunity to negotiate, which would be a sin not to take advantage of.

If, contrary to your entreaties, the perpetrator is unwilling to settle peacefully – take no prisoners. Given that most cases are a zero-sum game, legal expenses should be considered as an investment in your victory. This means plenty of time and money, a sharp lawyer and everything you can provide them to prove your case – remember about complete documentation.

Conclusion

There is no perfectly guaranteed way to fully protect your intellectual property at all times. So the best pro tip is to constantly evolve your idea so that it isn’t easy to plagiarize or steal in general. Always opt for creating an application from scratch and request source code from developers. Quickly implement the project and monetize the idea.

And of course, an age-old wisdom, a truism – partners should be chosen. It’s better to pick a provider that is focused on long-term relationships with clients in need of quality software across industries.