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
$102.99
Apple Inc.
+0.52
MSFT
$44.38
Microsoft Corpora
-0.50
GOOG
$532.71
Google Inc.
+6.17

MacTech Search:
Community Search:

Software Updates via MacUpdate

Evernote 5.6.2 - Create searchable notes...
Evernote allows you to easily capture information in any environment using whatever device or platform you find most convenient, and makes this information accessible and searchable at anytime, from... Read more
OmniOutliner 4.1.3 - Organize your ideas...
OmniOutliner is a flexible program for creating, collecting, and organizing information. Give your creativity a kick start by using an application that's actually designed to help you think. It's... Read more
BBEdit 11.0 - Powerful text and HTML edi...
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
Apple Security Update 2014-005 - For OS...
Apple Security Update is recommended for all users and improves the security of Mac OS X. For information on the security content of this update, please visit this website: http://support.apple.com/... Read more
EyeTV 3.6.6 - Watch and record TV on you...
EyeTV brings a rich TV experience to your Mac. Watch live TV on your Mac. Pause, rewind, and record whenever you want. EyeTV gives you powerful control over what you watch and how you watch it. Put... Read more
RapidWeaver 6.0 - Create template-based...
RapidWeaver is a next-generation Web design application to help you easily create professional-looking Web sites in minutes. No knowledge of complex code is required, RapidWeaver will take care of... Read more
NTFS 12.0.39 - Provides full read and wr...
Paragon NTFS breaks down the barriers between Windows and OS X. Paragon NTFS effectively solves the communication problems between the Mac system and NTFS, providing full read and write access to... Read more
RestoreMeNot 2.0.3 - Disable window rest...
RestoreMeNot provides a simple way to disable the window restoration for individual applications so that you can fine-tune this behavior to suit your needs. Please note that RestoreMeNot is designed... Read more
Command-C 1.1.5 - 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
Macgo Blu-ray Player 2.10.9.1750 - Blu-r...
Macgo Mac Blu-ray Player can bring you the most unforgettable Blu-ray experience on your Mac. Overview Macgo Mac Blu-ray Player can satisfy just about every need you could possibly have in a Blu-ray... Read more

Latest Forum Discussions

See All

Super Glyph Quest (Games)
Super Glyph Quest 1.01 Device: iOS Universal Category: Games Price: $2.99, Version: 1.01 (iTunes) Description: Adventure is back Questers! Combine elemental glyphs together to cast powerful spells and vanquish adorable monsters in... | Read more »
Fighting Fantasy: Caverns of the Snow Wi...
Fighting Fantasy: Caverns of the Snow Witch 1.0 Device: iOS Universal Category: Games Price: $5.99, Version: 1.0 (iTunes) Description: Travel to Northern Allansia’s perilous Icefinger Mountains to defeat the wicked Snow Witch in this... | Read more »
Star Warfare 2: Payback Review
Star Warfare 2: Payback Review By Blake Grundman on October 22nd, 2014 Our Rating: :: ONE-TRICK PONYUniversal App - Designed for iPhone and iPad Unfortunately, it doesn’t take long for Star Warfare 2’s free-firing fun to turn into... | Read more »
TinType by Hipstamatic (Photography)
TinType by Hipstamatic 1.0 Device: iOS iPhone Category: Photography Price: $.99, Version: 1.0 (iTunes) Description: Create hauntingly beautiful, soul capturing portraits with TinType by Hipstamatic. Inspired by daguerreotypes,... | Read more »
The Latest Update for Heroes of Dragon A...
The Latest Update for Heroes of Dragon Age Introduces Daily PvE Challenges Posted by Ellis Spice on October 22nd, 2014 [ permalink ] | Read more »
Bee Brilliant Review
Bee Brilliant Review By Jennifer Allen on October 22nd, 2014 Our Rating: :: SAMEY MATCH-3Universal App - Designed for iPhone and iPad Want even more Match-3 gaming and fancy a bee based twist? Bee Brilliant is that game. Don’t... | Read more »
A New Trailer has Been Revealed for Epic...
A New Trailer has Been Revealed for Epic of Kings Posted by Jessica Fisher on October 22nd, 2014 [ permalink ] Dead Mage Inc. has released a new, action-packed trailer for the upcoming Epic of Kings. | Read more »
Find the Line Review
Find the Line Review By Campbell Bird on October 22nd, 2014 Our Rating: :: INSLIDE THE LINESUniversal App - Designed for iPhone and iPad Tease out beautiful line drawings in this unique, free-to-play puzzle game.   | Read more »
Things Get Magical in The Sims FreePlay...
Things Get Magical in The Sims FreePlay with a New Halloween Update Posted by Ellis Spice on October 22nd, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
The Silent Age Episode 2 Review
The Silent Age Episode 2 Review By Jennifer Allen on October 22nd, 2014 Our Rating: :: ROUNDING THINGS OFF NICELYUniversal App - Designed for iPhone and iPad Rounding off a great point and click adventure comes The Silent Age... | Read more »

Price Scanner via MacPrices.net

Save with Best Buy’s College Student Deals
Take an additional $50 off all MacBooks and iMacs at Best Buy Online with their College Students Deals Savings, valid through November 1st. Anyone with a valid .EDU email address can take advantage... Read more
iPad Air 2 & iPad mini 3 Best Tablets Yet...
The new iPads turned out to be pretty much everything I’d been hoping for and more than I’d expected.”More” particularly in terms of a drinking-from-a-firehose choice of models and configurations,... Read more
Drafts 4 Reinvents iOS Productivity App
N Richland Hills, Texas based Agile Tortoise has announced the release of Drafts 4 for iPhone and iPad. Drafts is a quick capture note taking app with flexible output actions. Drafts 4 scales from... Read more
AT&T accepting preorders for new iPads fo...
AT&T Wireless is accepting preorders for the new iPad Air 2 and iPad mini 3, cellular models, for $100 off MSRP with a 2-year service agreement: - 16GB iPad Air 2 WiFi + Cellular: $529.99 - 64GB... Read more
Apple offering refurbished Mac Pros for up to...
The Apple Store is offering Apple Certified Refurbished 2013 Mac Pros for up to $600 off the cost of new models. An Apple one-year warranty is included with each Mac Pro, and shipping is free. The... Read more
Select MacBook Airs $100 off MSRP, free shipp...
B&H Photo has 2014 a couple of MacBook Airs on sale for $100 off MSRP. Shipping is free, and B&H charges NY sales tax only. They also include free copies of Parallels Desktop and LoJack for... Read more
13-inch 2.5GHz MacBook Pro on sale for $100 o...
B&H Photo has the 13″ 2.5GHz MacBook Pro on sale for $999.99 including free shipping plus NY sales tax only. Their price is $100 off MSRP. Read more
Strong iPhone, Mac And App Store Sales Drive...
Apple on Monday announced financial results for its fiscal 2014 fourth quarter ended September 27, 2014. The Company posted quarterly revenue of $42.1 billion and quarterly net profit of $8.5 billion... Read more
Apple Posts How-To For OS X Recovery
OS X 10.7 Lion and later include OS X Recovery. This feature includes all of the tools you need to reinstall OS X, repair your disk, and even restore from a Time Machine backup. OS X Recovery... Read more
Mac OS X Versions (Builds) Supported By Vario...
Apple Support has posted a handy resource explaining which Mac OS X versions (builds) originally shipped with or are available for your computer via retail discs, downloads, or Software Update. Apple... Read more

Jobs Board

Senior Event Manager, *Apple* Retail Market...
…This senior level position is responsible for leading and imagining the Apple Retail Team's global event strategy. Delivering an overarching brand story; in-store, Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple 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
*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
Position Opening at *Apple* - Apple (United...
…customers purchase our products, you're the one who helps them get more out of their new Apple technology. Your day in the Apple Store is filled with a range of Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.