Apps

Patent – One of the most common questions among app developers is whether it is possible to register a patent for an application. The answer is – it depends. There are many applications that include technological elements, related, for example, to the way data is handled, or to communication with servers and other system components. Applications of this type may be patentable, although each case must be considered on its own merits. We emphasize that when the question of eligibility for patent registration arises, it is very important to consult a professional who has knowledge and background in the field, in order to avoid a situation where you invest money in filing a patent application for an application that is not eligible for registration, or alternatively invest hundreds of thousands of shekels in application development which had to be protected by a patent.

Trademarks – Can protect, among other things, names, characters, letters, colors, sounds and their combinations. Contrary to popular belief, a trademark does not have to be just a name or logo, but every unique element that allows consumers to identify the mark with a specific source.

Copyright – The application itself can be considered a “literary work”, as it is in fact a computer program with a source code, which constitutes the text of the work. Additional elements can be protected, such as the graphic design, the texts that appear in the app, the video and music files and more.

Designs – You can also protect the appearance of a product or part of a product, consisting of one or more visual characteristics of the product or part of the product, including the outline, color, shape, decoration, texture or the material from which the product is made.

In addition to IP protection, it is important to provide contractual protection, in the form of confidentiality and engagement agreements, which aim to protect the idea itself and the work in the early stages where it has not yet been fully formed, as well as to regulate relations with various professionals involved in development (designers, developers, investors, etc.).

In general, your rights can be protected both by intellectual property rights registration, by contractual protection and trade secrets.

It is also important to examine whether there is a problematic legal situation, such as an employee-employer relationship that raises concerns about the employer’s ownership of the IP.

Each venture needs to be examined individually and thoroughly in order to formulate a correct and prudent IP strategy, and therefore it is advisable to get legal advice from the first moment in order to examine all the protection options available to you, as well as the possible risks, if any.

In recent years, Israel has become a powerhouse of applications. Thousands of inventors and entrepreneurs launch new applications for smartphones and tablets almost daily, covering a huge range of areas, uses and applications.

App development is not a cheap process and can reach tens if not hundreds of thousands of shekels. This is where the question comes in – would you buy a car at a cost of NIS 200,000 without taking out insurance for it? The vast majority would reply “No!”. The legal and proprietary protection that should be given to your app should be looked at in the same way. Would you be willing to invest tens or hundreds of thousands of shekels in developing a successful product that can be easily copied?

Beyond that, many entrepreneurs need external funding to develop their app, and when they start the fundraising phase, one of the first requirements that come up by investors is ‘Show me the IP’!

A well-known example of the value inherent in intellectual property is WAZE, which was sold to Google for $ 1.15 billion, partly due to the patents it registered on some of its technology components.