There’s an app for everything — which means the moment yours succeeds, it can be cloned. Is copying an app IP infringement? Yes: different parts of an app are protected by different IP rights. Here’s how to cover each.
Trademark: the name and logo
An app’s name and logo can be protected as a trademark — both for your own interest and to stop others using the same mark for a similar app with inconsequential tweaks. Suffixes like “Pro”, ”+”, “Plus” are common and confuse users, who may assume the add-on is an upgraded version of the original. If someone launches “WhatsApp Pro” or “WhatsApp+”, users are likely to associate it with the real WhatsApp — a recipe for confusion. In a market where an app is deleted with a fingertip, protecting your brand name against leeches is as vital as shipping updates.
Copyright: source code and UI
Two copyright aspects apply to apps:
- Source code — protected as a literary work; and
- Screenshots / UI — protected as an artistic work, covering the app’s general appearance and layout.
Copyright here mainly provides proof of usage from a particular date — so if you sue (or are sued) for copying, a copyright application serves as evidence of prior use of the code or the UI.
Patent: novel functionality
A new article, process or method is generally patentable. Apps involve source code, algorithms and program logic, so they’d be software patents. But some jurisdictions don’t treat software as patentable at all, while others allow software-related inventions. Since apps are accessible worldwide, seeking patents in the jurisdictions that permit software patents secures protection in at least some countries.
For apps specifically, the key concerns are cost and time — the field evolves fast, and competitors can often reach similar functionality more cheaply, so a patent may be overtaken before (or soon after) it grants.
The takeaways
- Layer your protection — trademark, copyright and (where allowed) patent each cover a different part of the app.
- Register the name/logo — and guard against “Pro”/”+“-style confusion clones.
- Copyright the code and UI — chiefly as dated evidence of prior use.
- Patent selectively — only in software-patent jurisdictions, weighing cost, time and fast-moving tech.
Frequently asked questions
Can I protect my mobile app’s name and logo? Yes — register them as trademarks, which also helps stop confusingly similar apps that add suffixes like “Pro” or ”+”.
Does copyright protect a mobile app? Yes — the source code as a literary work and the screenshots/UI as an artistic work, chiefly providing dated proof of prior use.
Can a mobile app be patented? Only as a software patent, and only in jurisdictions that permit software-related inventions — with cost, time and fast-moving technology as key considerations.
What’s the best overall strategy for app IP? Layer trademark (name/logo), copyright (code and UI) and, where worthwhile, patents in software-patent jurisdictions.
Legislation referred to
- The Trade Marks Act, 1999
- The Copyright Act, 1957