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
$112.65
Apple Inc.
+3.24
MSFT
$47.52
Microsoft Corpora
+1.78
GOOG
$511.10
Google Inc.
+6.21

MacTech Search:
Community Search:

Software Updates via MacUpdate

BBEdit 11.0.2 - Powerful text and HTML e...
BBEdit is the leading professional HTML and text editor for the Mac. Specifically crafted in response to the needs of Web authors and software developers, this award-winning product provides a... Read more
ExpanDrive 4.2.1 - Access cloud storage...
ExpanDrive builds cloud storage in every application, acts just like a USB drive plugged into your Mac. With ExpanDrive, you can securely access any remote file server directly from the Finder or... Read more
Adobe After Effects CC 2014 13.2 - Creat...
After Effects CC 2014 is available as part of Adobe Creative Cloud for as little as $19.99/month (or $9.99/month if you're a previous After Effects customer). After Effects CS6 is still available... Read more
Command-C 1.1.7 - Clipboard sharing tool...
Command-C is a revolutionary app which makes easy to share your clipboard between iOS and OS X using your local WiFi network, even if the app is not currently opened. Copy anything (text, pictures,... Read more
Tidy Up 4.0.2 - Find duplicate files and...
Tidy Up is a complete duplicate finder and disk-tidiness utility. With Tidy Up you can search for duplicate files and packages by the owner application, content, type, creator, extension, time... Read more
Typinator 6.3 - Speedy and reliable text...
Typinator turbo-charges your typing productivity. Type a little. Typinator does the rest. We've all faced projects that require repetitive typing tasks. With Typinator, you can store commonly used... Read more
GraphicConverter 9.5 - Graphics editor w...
GraphicConverter is an all-purpose image-editing program that can import 200 different graphic-based formats, edit the image, and export it to any of 80 available file formats. The high-end editing... Read more
Toast Titanium 12.0.1 - The ultimate med...
Toast Titanium goes way beyond the very basic burning in the Mac OS and iLife software, and sets the standard for burning CDs, DVDs, and now Blu-ray discs on the Mac. Create superior sounding audio... Read more
QuickBooks 2015 16.0.2.1422 R3 - Financi...
Save 20% on QuickBooks Pro for Mac today through this special discount link QuickBooks Pro 2013 helps you manage your business easily and efficiently. Organize your finances all in one place, track... Read more
Remotix 3.0.6 - Access all your computer...
Remotix is a fast and powerful application to easily access multiple Macs (and PCs) from your own Mac. Features: Complete Apple Screen Sharing support - including Mac OS X login, clipboard... Read more

Latest Forum Discussions

See All

Mahjong Journey Review
Mahjong Journey Review By Jennifer Allen on December 18th, 2014 Our Rating: :: STEADY MATCHINGiPad Only App - Designed for the iPad Aimed at the more laid back gamer, Mahjong Journey isn’t for everyone, but those looking for some... | Read more »
Emoji Type - custom keyboard with predic...
Emoji Type - custom keyboard with predictive emojis 0.4.0 Device: iOS iPhone Category: Utilities Price: $.99, Version: 0.4.0 (iTunes) Description: Emoji Type is custom keyboard for iOS 8 that auto suggests emojis as you type. ABOUT... | Read more »
Game of the Year 2014 – 148Apps Staff Pi...
The end of 2014 is almost here, which can only mean one thing. Okay it can mean a lot of things, but in this specific context it means Game of the Year lists! Which is why the 148Apps staff have all picked their favorites from the past year. And why... | Read more »
UponPixels Review
UponPixels Review By Jennifer Allen on December 18th, 2014 Our Rating: :: CREATIVE TYPOGRAPHYUniversal App - Designed for iPhone and iPad Add cool typography and objects to your photos with the easy to use UponPixels.   | Read more »
The Vikings are Coming! CastleStorm’s Ne...
The Vikings are Coming! CastleStorm’s New Update Adds a Survival Mode Posted by Jessica Fisher on December 18th, 2014 [ permalink ] | Read more »
Duet Display (Productivity)
Duet Display 0.3.3 Device: iOS Universal Category: Productivity Price: $9.99, Version: 0.3.3 (iTunes) Description: Duet Display allows you to use your iPad or iPhone as an extra display. Developed by a team of ex-Apple engineers,... | Read more »
Dragon Quest III Review
Dragon Quest III Review By Jennifer Allen on December 18th, 2014 Our Rating: :: DATED BUT NOT WITHOUT MERITUniversal App - Designed for iPhone and iPad A walk down memory lane isn’t foolproof for Dragon Quest III, but it has its... | Read more »
8 KEMCO JRPGs Are Just $0.99 in Celebrat...
8 KEMCO JRPGs Are Just $0.99 in Celebration of the Holidays Posted by Jessica Fisher on December 18th, 2014 [ permalink ] KEMCO has announc | Read more »
Brothers in Arms 3: Sons of War Review
Brothers in Arms 3: Sons of War Review By Jennifer Allen on December 18th, 2014 Our Rating: :: FUN BUT PUSHYUniversal App - Designed for iPhone and iPad Brothers in Arms 3: Sons of War could be great fun, but its plethora of... | Read more »
The Snow is Falling on the French Countr...
The Snow is Falling on the French Countryside of Carcassonne’s Newest Update Posted by Jessica Fisher on December 18th, 2014 [ permalink ] < | Read more »

Price Scanner via MacPrices.net

Save up to $400 on MacBooks with Apple Certif...
The Apple Store has Apple Certified Refurbished 2014 MacBook Pros and MacBook Airs available for up to $400 off the cost of new models. An Apple one-year warranty is included with each model, and... Read more
Save up to $300 on Macs, $30 on iPads with Ap...
Purchase a new Mac or iPad at The Apple Store for Education and take up to $300 off MSRP. All teachers, students, and staff of any educational institution qualify for the discount. Shipping is free,... Read more
iOS and Android OS Targeted by Man-in-the-Mid...
Cloud services security provider Akamai Technologies, Inc. has released, through the company’s Prolexic Security Engineering & Research Team (PLXsert), a new cybersecurity threat advisory. The... Read more
KMI MIDI K-Board Great Gift for Amateur &...
The K-Board is a MIDI Nano keyboard for music creation for iPad, Android, And computers; the easiest way to make music with iPads & Android tablets, and Mac, Windows, or Linux computers. Ultra-... Read more
Amazon offers 15-inch 2.2GHz Retina MacBook P...
 Amazon.com has the 15″ 2.2GHz Retina MacBook Pro on sale for $1699 including free shipping. Their price is $300 off MSRP. Stock is limited, so act now if you’re interested. Read more
Holiday sales continue: MacBook Pros for up t...
 B&H Photo has new MacBook Pros on sale for up to $300 off MSRP as part of their Holiday pricing. Shipping is free, and B&H charges NY sales tax only: - 15″ 2.2GHz Retina MacBook Pro: $1699... Read more
Holiday sale: Mac minis available for up to $...
 B&H Photo has new 2014 Mac minis on sale for up to $80 off MSRP. Shipping is free, and B&H charges NY sales tax only: - 1.4GHz Mac mini: $459 $40 off MSRP - 2.6GHz Mac mini: $629 $70 off... Read more
Google Search App For iOS Gets A Major Makeov...
Google has given iOS users an early Christmas present with a substantial update of it’s not-very-often-upgraded Google Search app. Google Search has been my go-to tool for Web searches since it was... Read more
ShopKeep Apple Pay And Chip Card Reader Avail...
ShopKeep, a cloud-based technology provider to more than 10,000 small business owners to manage retail shops and restaurants with iPads, has released its new Apple Pay and chip card reader. This... Read more
Holiday sale! 27-inch 5K iMac for $2299, save...
 B&H Photo has the 27″ 3.5GHz 5K iMac in stock today and on sale for $2299 including free shipping plus NY sales tax only. Their price is $200 off MSRP, and it’s the lowest price available for... Read more

Jobs Board

*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
*Apple* Retail - Multiple Positions (US) - A...
Job Description: Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, 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
Project Manager / Business Analyst, WW *Appl...
…a senior project manager / business analyst to work within our Worldwide Apple Fulfillment Operations and the Business Process Re-engineering team. This role will work Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.