What protects an app
Copyright protects an app's code and its original visual elements, though not the underlying ideas or general functionality. Trademarks protect the app's name and icon as brand identifiers, and app stores tend to act on clear trademark conflicts. Patents may protect genuinely new technical methods, though software claims face close scrutiny under the patent eligibility framework for abstract ideas. Design patents can cover ornamental aspects of an interface in some cases. Trade secret law protects server-side algorithms and data the company keeps confidential, provided it takes reasonable steps to keep them that way.
Ownership and open source
Code written by contractors or outside development shops may not belong to the company without a written assignment, and many founders discover the gap during investor due diligence. Open-source components come with license terms, and some of those licenses require sharing source code if the software is distributed in certain ways. Generative AI tools used in development raise questions about authorship, since copyright requires human authorship, and about the terms of the tools themselves. Gather development contracts, contributor agreements, a list of open-source components and their licenses, and records of who built what. Privacy and data terms are a separate subject, but investors often review them alongside ownership.
When a copycat appears
App stores offer intellectual property complaint processes, but they generally want clear evidence of ownership and infringement. Copying of code or graphic assets is usually easier to show than copying of features or concepts. A trademark registration for the app name and copyright registrations for key visual elements strengthen any complaint. We review your rights, the copying, and the business impact, then advise on store complaints, demand letters, or litigation, keeping in mind the risk of counterclaims. If the copycat is overseas, enforcement options may depend on where it sells and where its developer is located. Dated copies of your release history and store listings help show who came first.
