Many startups, as well as established companies, are in the process of developing and launching apps and are asking themselves whether they can protect or “patent” their app idea.

Our German Patent Attorney and IP Law Firm represents numerous founders and startups as well as established companies in protecting their ideas as well as their intellectual property (IP rights) in the best possible way and will also be happy to help you with inquiries on this topic. The question of the protectability of an app or other software products is not uncommon in our legal advice.

As a rule, no patent for a mere software idea

The mere idea or concept for a smartphone-based or mobile phone-based app, i.e. the computer program (such as a platform or a type of marketplace) as such, cannot – at least under German law – be protected by a patent or utility model, but parts of it can be protected by property rights. This is especially true if this idea also has a technical character and a corresponding, outwardly effect (e.g. a machine or a robot is operated with it). Here, patent protection by way of a so-called computer-implemented invention may be considered, but this depends on the individual case.

But: Various other possibilities of protection for an app (e.g. trademark, design).

However, there are various possibilities to protect at least parts of an app. Here, for example, the following industrial property rights come into consideration:

• Trademarks: The name of the app, its logo or an icon can be registered as a trademark and for many (also well-known) smartphone apps this is also the only protection. For example, the registration of word marks, figurative marks or word and device marks can be mentioned here. You can also think about having your slogan protected as a trademark. In contrast to other intellectual property rights, trademarks also have the advantage that they can be renewed indefinitely.
• Designs: The exact design of the app, i.e. the respective user interface or individual characteristic elements thereof (e.g. logos, graphic control elements, etc.) can also be protected and registered as designs (in Germany or at a EU level – here: Community designs).
• Copyright: Although copyright protection arises in Germany even without registration, this can also be used to take action against imitators in individual cases. For example, the source code of an app is protected by copyright.

Even if the underlying idea – i.e., the “gag” – of a purely mobile-based app usually cannot be protected, however, at least parts of it can be secured through the interplay of various intellectual property rights. Appropriate protection can help to deter potential imitators and is often also rewarded by investors and capital providers.

Our team consisting of a Patent and European Patent Attorney and German Attorney at Law (Certified IP Lawyer) is gladly available for your inquiries in connection with app protection in Germany and elsewhere. Just give us a call or send us an email without any obligation. For general questions about idea protection or if you are wondering how to get an idea protected in Germany, we recommend a free idea protection check.