Using Copyright, Patent and Trademark Law to Protect Your App Idea: Part 2

In the first part of this blog, we outlined the crucial differences between copyright, trademarks, and patents, which are often mistakenly used interchangeably. Figuring out the correct type of protection to file for, can be important to protect your app idea.

Filing a trademark application may help you protect the name and logo that you choose for your app. The application process and details can be found on the CIPO website. Costs associated with filing an application can vary depending upon how the goods and services are classified within your application and whether or not you have obtained the assistance of a Trademark Agent. Hiring a trademark agent can be helpful in obtaining a trademark registration as common mistakes when filing can be avoided.

Patenting an app can be challenging as software is generally not considered to be patentable. If strategically drafted, it may be possible to protect the way in which your app functions with a patent. It can be beneficial to start with a patent search prior to preparing a patent application to gain insight into the likelihood of successfully obtaining an issued patent. A patent agent or lawyer can assist with both the search and the preparation of a patent application.

As soon as the code for an app is created, it is protected by copyright. Unlikely patents, where you must file an application for protection, copyright protection is automatically created when the code is created. A copyright registration certificate can be applied for. Copyright ownership can become complex when third parties are hired to assist with code drafting. Having agreements prepared and signed prior to the development of code that clearly sets out who owns the copyright can be beneficial and prevent potential ownership issues. An intellectual property agent or lawyer can provide insight into how an agreement can be drafted.

If you are looking to trademark, patent, or copyright anything, consider speaking with an agent or lawyer to assist with the preparation and filing of appropriate paperwork. Schedule a free consultation with our trademarks and patent agents and lawyers in Edmonton by clicking here.