Creating a cell phone application can help you make a lot of money, especially if we are talking about a very good idea.
With the advancement of software development, it soon became clear that it was necessary to create a process to protect against copying and plagiarism. This brings us to the question of whether it is possible to patent an app.
In the same way as any other type of software, applications or apps cannot be patented. You can find more information in the Patent Law in article 44, where it is explained that software is not considered an invention as such.
So it is not possible to patent an app.
So it is not possible to protect a mobile app against any plagiarism?
It is possible, with the difference that we will not have to protect it using patent law. Instead, we will use intellectual property registration.
It is also important to note that it is not possible to register an app idea. There are many apps that start from the same idea, but develop it in different ways.
The first thing we have to do is to know that there are different Intellectual Property Registers. This is due to the fact that most of the Autonomous Communities have their own Territorial Registries where the management can be done. In principle, we would not have any problem to register it in them.
What is the process of the Intellectual Property Registry to register an app?
- The first thing we will be asked to do at the registry is to indicate our personal data.
- You can indicate an author or several authors and you will also have to indicate if they are natural persons or legal entities.
Documents to be submitted
Regardless of the type of software to be submitted, these are the documents that must be included:
- The source code in its entirety. This resource will be presented as a copy of the application in question.
- An executable file of the program.
- Optionally, an explanatory report on the program may also be submitted.
It will also be necessary to differentiate between types of work:
- If we are talking about a mobile app that has been created by a company that has commissioned it to its employees, we refer to it as a collective work.
- If different people who have an employment relationship with the company participate in its creation, it will also be a collective work.
- It should be borne in mind that, although these works belong to the author or authors, the company will have certain economic rights and can therefore also take care of the registration.
Payment of fees
- Once the requested documents are ready, and the relevant form has been filled in, the last step is to pay a series of fees. It is important to consult them at the time of filing, as they may have undergone some modification.
- Among some of the fees we can find those related to the processing of application files, issuance of registration certificates, issuance of simple notes, diligence of signature authentication, documentation in support other than paper, etc.
- We have already seen that it is not possible to patent a mobile app, but this does not mean that we have to remain at the mercy of any kind of theft or counterfeiting.
- It is possible to assert our rights over it. To do so, it must first be registered in the Intellectual Property Registry.
- Taking into account the importance of this process, we encourage you to seek professional help so that they can solve all the doubts you may have. This is the only way to make sure that you have full legal guarantees before any legal lawsuit.