Should I Patent or Trademark my software, web or mobile app idea?

Understand the difference between patents and trademarks, and how they might apply to your mobile app idea. Do you have an exciting idea for a patent? Do you need a trademark, protect your logo, brand?
You have an excellent idea for new software, web or mobile app project, and you want to protect it. Should you apply for a patent? Do you need a trademark?

Let's look at these options and how they might apply to you.


A patent is an exclusive right to make, use, or sell an invention for a limited period. It protects your rights if you have put work into developing something new and useful so that you can earn the money from your hard work.

Patents are great for new technology and software that can include licensing it away to software, web or mobile app developer for implementation in their technology development. However, it is very hard to patent an idea for a single mobile or web application (not to mention expensive). Because the software, web and mobile app market are usually global, you also need to consider how many patents you need in different countries.

There are some instances where a patent would make sense. An attorney who specialised in this area can walk you through the requirements and help you decide if it is worth the cost. If you are considering this, talk to a patent attorney for advice. Some will have a broad range of legal knowledge that applies specifically to your situation. When choosing an advisor, ask about the attorney's experience with software, web or mobile applications.


A trademark is something that identifies your brand and distinguishes it from others. It could be a word, a phrase, a logo, a design, or even a sound. If you have a trademark, it is easy for customers to tell if a product is genuinely yours or a copycat version from another company. It gives you exclusive advertising rights with your identifying mark or words.

A trademark also helps you build a reputation and brand identity with customers. If you plan to expand what you offer beyond a single web or mobile app, a trademark can assist you in market new products. You can use your trademark to build trust in the market, which will make it easier to sell additional products.

You can apply for a trademark online at IPAustralia.
Patents and trademarks are not necessary for everyone. However, they are options that you should think about before starting mobile application development. Choose carefully quality software, web and mobile app developer in Australia.

Contact IPS, software, web and mobile app developer with offices in Melbourne and Sydney, to book a FREE CONSULTATION on 1300 343 563 or just use the contact form.