Trademark protection
The name of the APP is unique, even if it is similar occasionally, it must not be the same, such as WeChat and Yixin. In order to make your name have a unique influence, it is a permanent choice to register the necessary trademarks. What happens if you don't choose? First of all? After the trademark dispute, there is WeChat? Trademark war, an uproar, WeChat finally held its own trademark, Didi finally lost the right to use the trademark.
Does China implement trademark registration? Apply the first principle? For the same or similar trademark application, the first trademark registration applicant will obtain the exclusive right to use the trademark. If the APP trademark is squatted by others, it will cost a lot of money to buy back, or it will be forced to change its name like Didi taxi, grapefruit and other apps.
APP usually consists of two parts: LOGO and name. Plagiarism in any part may lead to confusion among users, so it is best to register all logos and names of the APP as trademarks.
The core categories of APP trademark registration include:
Category 9: Including computer hardware and software. Among them? 090 1 electronic computer and its peripheral equipment? Many small items in the book are related to computers, software, downloads, etc. Such as computer programs (downloadable software), downloadable computer application software, recorded computer operating programs, etc. , all belong to APP? Focus on the goal? ;
Category 35: Online advertisements on computer networks, displaying goods on communication media for retail purposes, providing business information through websites, promoting others, etc.
Category 38: Computer-aided information and image transmission, providing telecommunication connection services with global computer networks, providing Internet chat rooms, digital file transmission, providing online forums, etc.
Category 42: Including the design and development of computer hardware and software. Among them? Computer programming and related services? It is inseparable from the Internet industry, including computer software update, computer software maintenance and electronic data storage. Belonging to this category, APP usually needs to register this kind of trademark.
In addition, the APP also needs to select specific categories and extended categories according to different service contents.
copyright protection
Software copyright protection
In recent years, the number of software registrations in popular fields such as APP, Internet of Things, embedded systems and geographic information has increased rapidly to varying degrees. APP software has become one of the fastest growing popular software categories in China.
Drawing lessons from international advanced management experience, China implements a copyright registration system for computer software, including APP presented in the form of software, that is, APP obtains obvious rights certification documents after software registration. Although the copyright is automatically generated when the work is completed, the software copyright registration certificate obtained by APP will actually have a similar publicity effect, and it is easier to determine the copyright ownership when there is a dispute.
Apps that can apply for copyright software registration must be independently developed by developers and fixed on a tangible object. The copyright protection of APP does not extend to the ideas, processing procedures, operation methods or mathematical concepts used in developing APP.
Copyright registration
All the core contents, ideas, images, character designs, artists, etc. What is presented in the APP can be registered as a copyright work. Taking the LOGO of APP as an example, choosing trademark registration does not prevent the copyright works from being registered at the same time, as long as the LOGO conforms to the definition of works in the Copyright Law, that is, intellectual achievements that are productive in literature, art, science and other fields and can be copied in some tangible form.
In addition to the LOGO of the APP, its product creativity, page design, page content, pictures, videos, music and other aspects can be applied for copyright registration separately or in combination. On the other hand, copying and imitating the above-mentioned works of other people's apps has the risk of infringement. God of food shakes? APP is suspected of plagiarism? Public comment? APP was claimed by the latter for copyright infringement.
patent protection
If you change the page design of the APP, but still imitate the function of the original APP, you may bypass the protection of copyright law; If you change the name of the APP, you may bypass the protection of the trademark law; If you understand the design idea of APP after careful study and rewrite the APP software in different programming languages according to this idea, it may not be considered as software copyright infringement. Technical solutions of patent protection innovation. If the APP can get patent protection, it can make up for the deficiency of trademark rights and copyright protection from a certain angle, and make the intellectual property protection layout of the whole APP more perfect.
After 2003, APP patents in China showed a significant growth trend. In 20 15 years, the number of APP-related patent applications exceeded 10000, reaching a peak, but most app patent applications were not authorized in the end. Only when a technology or product based on APP is novel, creative and practical, and can be expressed in the form of technical scheme, can a technical scheme or product based on APP apply for patent protection.
So what issues should APP pay attention to when applying for a patent?
Classification of APP
The function of APP itself needs to be realized by computer code, and the purpose of most apps is to realize a business method. Therefore, related to APP are computer software patents and business method patents. In the international patent classification standard, which patents related to APP mainly belong to? G06Q？ Classification of business methods. When applying for APP patent in China National Intellectual Property Administration, the patent type should be determined according to the current international patent classification standard 20 15. When APP applies for a patent, you can refer to the most similar provisions in Chapter 9 of the Patent Examination Guide. Provisions on the examination of applications for patents for computer program inventions? .
According to? Provisions on the examination of applications for patents for computer program inventions? If the APP belongs to? Pure intellectual rule? Not within the scope of patent authorization; What if it belongs to one item? Technical solution? , can be included in the scope of patent authorization, so how to write the application documents to make it belong to one item? Technical solution? And then what?
Writing method of APP patent application documents
Writing instructions
1. The description of an application for a patent for invention involving a computer program should not only describe the technical scheme of the invention as a whole, but also clearly and completely describe the design idea, technical characteristics and methods for realizing its technical effects.
2. Instructions should be based on the given computer program flow and describe the steps of the computer program in natural language according to the time sequence of the flow.
3. Where an application for a patent for invention involving a computer program contains an invention that changes the hardware structure of a computer device, the attached drawings of the specification shall give the hardware entity structure diagram of the computer device, and the specification shall clearly and completely describe the hardware composition of the computer device and their interrelationships according to the hardware entity structure diagram, subject to the understanding of the technicians in the field.
Writing of claims
1. The claim of an invention patent application involving a computer program can be written as a method claim or a product claim, that is, a device for realizing the method.
2. No matter what form the claim is written, it must be supported by the description, and it must reflect the technical scheme of the invention as a whole and record the necessary technical characteristics to solve the technical problems, rather than simply describing the functions of the computer program and the effects that can be achieved by the functions.
3. If the method claim is written, the functions executed by the computer program and how to complete these functions should be described in detail according to the steps of the method flow.
4. When writing a device claim, it shall specifically describe the various components of the device and their interrelationships, and describe in detail which components have completed the functions of the computer program and how to complete these functions.
Other issues in the protection of application rights-trade secrets
The APP developed by the programmer according to the requirements of the unit belongs to the job work, the author has the right of authorship, and the unit has other related rights. In the business world of the Internet, creativity and creativity occupy a decisive position and are one of the important intangible assets of Internet enterprises, so it is particularly important to protect the internal information of enterprises. It is necessary to pay attention to the confidentiality and non-competition agreement with employees to prevent employees from revealing their APP development information to other competitors during their employment or after leaving the company. When signing a labor contract with an employee, you can stipulate the relevant confidentiality obligations and the corresponding liability for breach of contract. If you want to sign a non-competition agreement with employees, you need to give employees some compensation, and the agreed period is no more than two years.
Although some people will be angry if they copy their own apps, being copied by others also implies that you have indeed made a useful or attractive product. It is precisely because of the advantages of your product that you will be targeted and try to profit from it.
Perhaps most of the fakes do not actually pose a real threat to your products, but only by fully defending and protecting can we take up legal weapons when necessary and resolutely defend our territory!
Especially like this sentence? Plagiarists live in the past forever and have no soul? ! APP innovators, as long as they do the necessary legal protection, uphold the spirit of innovation and the attitude of constant pursuit, will certainly travel thousands of miles to let plagiarists follow you all the time!