Greg's bite: apps are intellectual property
TweetFollow Us on Twitter

Greg's bite: apps are intellectual property

By Greg Mills

Remember the recent flap over Apple using a patent drawing based upon the app of a developer?  It turns out if you read the fine print Apple is within its rights to use anything submitted to them.  Certainly the understanding is that Apple will play fair. See the contract for submission to Apple's iTunes Store at http://www.apple.com/legal/itunes/us/terms.html .

Apple does try to protect trademarks and copyrights, but you do need to have a copyright to see Apple enforce it (see http://www.apple.com/legal/trademark/claimsofcopyright.html)/

Apps developed for the the iOS platform are intellectual property and the authors do have rights that need to be protected by dong the right things to secure those rights. Since apps are basically written code, they are protectable by electronic copyright filing. The fee is $35 (go to http://www.copyright.gov/eco/ ). There are certain rules and acceptable file types that must be uploaded. See http://www.copyright.gov/eco/help-file-types.html for a rather long list of file formats that are acceptable, including PDFs.

Trademarks may be applied for to protect logos and identifiable unique art related to your app.Your cool app button might be something you might want to protect. It costs $275 in fees to the patent office to file a trademark registration. See http://www.uspto.gov/inventors/trademarks.jsp#heading-1 .

Design patents and even utility patents may be obtainable and desirable in some cases. It costs a lot more for patents but the protection extends to anything you can describe that is "novel." What is it that makes your app do things not previously done before? That is what might be patentable. A utility patent protects new things you can do while a design patent narrowly protects the look and feel of what you are doing.  

I recommend discussing these issues with a patent attorney if you think your app is valuable enough to protect in some way. I have a trusted attorney working on a US Utility Patent for me right now regarding converting used dual pane glass into solar panels. If you don't know an attorney, I would be glad to refer you to mine. Email me at gregmills@mac.com for a reference. Intellectual property legal work can easily be done on line or by phone, so where you live is not as much an issue as a situation where your attorney must go to a local court house to do your business for you.

I see the need for creative people to protect their ideas and the app world is moving swiftly and really good ideas are worth money. We will see that the coming drag and drop "hobby apps" that are created with simple drag and drop software programs that is already in beta for the Android platform and Google will soon be announced by Apple for the iOS platform. Then good ideas "the rest of us" have can be made into simple apps that are posable on line and available to the public free or for a fee.  

I expect professional app developers to carefully work through such hobby apps to find the rough gems they can convert into fully functional and polished apps. If you copyright your apps, professional developers would have to share the wealth with you if they want to polish up your hobby app and sell it for the big bucks. If you don't protect your ideas you have given them away for nothing and you will be out of luck when your Hobby App idea makes someone else a lot of money.  

(Greg Mills is currently a Faux Artist in Kansas City. Formerly a new product R&D man for the paint sundry market, he holds 11 US patents. He's working on a solar energy startup using a patent pending process of turning waste dual pane glass into thermal solar panels used to heat water. Married, with one daughter still at home, Greg writes for intellectual web sites and Mac related issues. See Greg's web sites at http://www.gregmills.info . He can be emailed at gregmills@mac.com )

 
AAPL
$95.64
Apple Inc.
+0.92
MSFT
$45.30
Microsoft Corpora
+0.47
GOOG
$593.40
Google Inc.
-1.35

MacTech Search:
Community Search:

Software Updates via MacUpdate

Together 3.2 - Store and organize all of...
Together helps you organize your Mac, giving you the ability to store, edit and preview your files in a single clean, uncluttered interface. Smart storage. With simple drag-and-drop functionality,... Read more
Cyberduck 4.5 - FTP and SFTP browser. (F...
Cyberduck is a robust FTP/FTP-TLS/SFTP browser for the Mac whose lack of visual clutter and cleverly intuitive features make it easy to use. Support for external editors and system technologies such... Read more
Airmail 1.4 - Powerful, minimal email cl...
Airmail is a powerful, minimal mail client.It was designed to retain the same experience with a single or multiple accounts and provide a quick, modern and easy-to-use user experience. Airmail... Read more
Macs Fan Control 1.1.12 - Monitor and co...
Macs Fan Control allows you to monitor and control almost any aspect of your computer's fans, with support for controlling fan speed, temperature sensors pane, menu-bar icon, and autostart with... Read more
A Better Finder Rename 9.37 - File, phot...
A Better Finder Rename is the most complete renaming solution available on the market today. That's why, since 1996, tens of thousands of hobbyists, professionals and businesses depend on A Better... Read more
MacBook Air EFI Firmware Update 2.9 - Fo...
MacBook Air EFI Firmware Update is recommended for MacBook Air (Mid 2011) models. This update addresses an issue where systems may take longer to wake from sleep than expected and fixes a rare issue... Read more
FileZilla 3.9.0.1 - Fast and reliable FT...
FileZilla (ported from Windows) is a fast and reliable FTP client and server with lots of useful features and an intuitive interface.Version 3.9.0.1: MSW: Fix installation issue with locked DLLs... Read more
OS X Yosemite 10.10 DP4 - Developer Prev...
Note: This is a Developer Preview. You must be a registered Apple Mac Developer to download this update. OS X Yosemite is Apple's newest operating system for Mac. An elegant design that feels... Read more
FinderPop 2.5.6 - Classic Mac utility, n...
FinderPop is a Universal preference pane that extends OS X's contextual menus using a FinderPop Items folder much as the Apple Menu Items folder used to do for the Apple menu. It has other features... Read more
SpiderOak 5.1.7 - Secure cloud backup, s...
SpiderOak is a multi-platform secure online backup, storage, access, and sharing solution engineered for the consumer and small businesses. You must first sign up to use SpiderOak. Running natively... Read more

Latest Forum Discussions

See All

Secret Files Tunguska Review
Secret Files Tunguska Review By Jennifer Allen on July 23rd, 2014 Our Rating: :: CONSPIRACY-LITTERED ADVENTURINGUniversal App - Designed for iPhone and iPad Offering traditional adventuring with no fear of in-app purchases, Secret... | Read more »
Celebrate Summer With a Cat in the Hat L...
Celebrate Summer With a Cat in the Hat Learning Library Sale Posted by Ellis Spice on July 22nd, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Dragon Raiders Review
Dragon Raiders Review By Nadia Oxford on July 22nd, 2014 Our Rating: :: RUN, DRAGON, RUNUniversal App - Designed for iPhone and iPad Dragon Raiders is rough and scaly in some parts, but overall it’s an enjoyable level-based running... | Read more »
MyTaskList Review
MyTaskList Review By Jennifer Allen on July 22nd, 2014 Our Rating: :: EFFECTIVE IF PLAINUniversal App - Designed for iPhone and iPad It’s not the most stylish of task management apps, but MyTaskList has all the features you could... | Read more »
FlyCraft Herbie: Crazy Machines Review
FlyCraft Herbie: Crazy Machines Review By Jennifer Allen on July 22nd, 2014 Our Rating: :: TRICKY FLYINGUniversal App - Designed for iPhone and iPad A tough game of careful thrusting and navigation, FlyCraft Herbie: Crazy Machines... | Read more »
MTN Review
MTN Review By Jessica Fisher on July 22nd, 2014 Our Rating: :: ADORABLE, SERENE, AND AMUSINGUniversal App - Designed for iPhone and iPad MTN is an adorable, talking pet mountain that is less game and more zen garden.   | Read more »
Fly High with Ninja UP! Now Available o...
Fly High with Ninja UP! Now Available on the App Store Posted by Jessica Fisher on July 22nd, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Bio Inc. Review
Bio Inc. Review By Nadia Oxford on July 22nd, 2014 Our Rating: :: SICKENING - IN A COMPELLING WAYUniversal App - Designed for iPhone and iPad Bio Inc is about orchestrating the medical destruction of a single person. If that doesn’... | Read more »
HELMUT Review
HELMUT Review By Andrew Fisher on July 21st, 2014 Our Rating: :: TRUNDLE SIMULATOR 2014Universal App - Designed for iPhone and iPad HELMUT is a fun, fleeting time-sink that offers a momentary distraction and nothing else.   | Read more »
Walkr Review
Walkr Review By Jennifer Allen on July 21st, 2014 Our Rating: :: ORIGINAL WALKINGiPhone App - Designed for the iPhone, compatible with the iPad Walking is a bit more exciting thanks to this planet building/discovering sim reliant... | Read more »

Price Scanner via MacPrices.net

Apple 27″ Thunderbolt Display (refurbished) a...
The Apple Store has Apple Certified Refurbished 27″ Thunderbolt Displays available for $799 including free shipping. That’s $200 off the cost of new models. Read more
WaterField Designs Unveils Cycling Ride Pouch...
High end computer case and bag maker WaterField Designs of San Francisco now enters the cycling market with the introduction of the Cycling Ride Pouch – an upscale toolkit with a scratch-free iPhone... Read more
Kingston Digital Ships Large Capacity Near 1T...
Kingston Digital, Inc., the Flash memory affiliate of Kingston Technology Company, Inc.,has announced its latest addition to the SSDNow V300 series, the V310. The Kingston SSDNow V310 solid-state... Read more
Apple’s Fiscal Third Quarter Results; Record...
Apple has announced financial results for its fiscal 2014 third quarter ended June 28, 2014, racking up quarterly revenue of $37.4 billion and quarterly net profit of $7.7 billion, or $1.28 per... Read more
15-inch 2.0GHz MacBook Pro Retina on sale for...
B&H Photo has the 15″ 2.0GHz Retina MacBook Pro on sale for $1829 including free shipping plus NY sales tax only. Their price is $170 off MSRP. B&H will also include free copies of Parallels... Read more
Apple restocks refurbished Mac minis for up t...
The Apple Store has restocked Apple Certified Refurbished Mac minis for up to $150 off the cost of new models. Apple’s one-year warranty is included with each mini, and shipping is free: - 2.5GHz Mac... Read more
Twelve South HiRise For MacBook – Height-Adju...
If you use your MacBook as a workhorse desktop substitute, as many of us do, a laptop stand combined with an external keyboard and pointing device are pretty much obligatory if you want to avoid... Read more
Why The Mac Was Not Included In The Apple/IBM...
TUAW’s Yoni Heisler cites Fredrick Paul of Network World whoi blogged last week that the Mac’s conspicuous absence from Apple and IBM’s landmark partnership agreement represents a huge squandered... Read more
Save $100 on 13-inch Retina MacBook Pros, plu...
Adorama has 13″ Retina MacBook Pros on sale for $100 off MSRP. Shipping is free, and Adorama charges sales tax in NY & NJ only: - 13″ 2.4GHz/128GB MacBook Pro with Retina Display: $1199 - 13″ 2.... Read more
Blurr it 2.3 for iOS – Quickly Blurs Selected...
Hyderabad, India based TouchLabs has announced a new update of Blurr it 2.3, their photography app for iOS users. Blurr it allows you to blur part of the image to hide potentially sensitive or... Read more

Jobs Board

Sr Software Lead Engineer, *Apple* Online S...
Sr Software Lead Engineer, Apple Online Store Publishing Systems Keywords: Company: Apple Job Code: E3PCAK8MgYYkw Location (City or ZIP): Santa Clara Status: Full Read more
*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
Sr *Apple* Engineer - IT - Requisition #: -...
For more information about TIAA-CREF, visit our website . The Apple Engineer will provide engineering and third-level incident support for 300- 500 MacOS desktop/laptop Read more
*Apple* Systems Administrator - DISH (United...
…satellite service provider, and Dish is currently looking for an experienced Apple /Mac Systems Administrator. Apple systems administrator will be responsible for Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.