Your questions answered

Can I protect my idea for a new mobile application?

Computer software is classed as a literary work and if it is original it will be protected for the life of the creator, plus 70 years from the year in which he or she dies. Once you have written the necessary software for your application, either electronically or in writing, your application will then automatically be protected by copyright.

In the case of written (including software and databases) works, the author or creator of the work is also the first owner of any copyright in it. The only exception to this is where the work is made by an employee in the course of his or her employment. In some situations two or more people may be joint authors and joint owners of copyright.

If you ask or commission another person or organisation to create a copyright work for you, the first legal owner of copyright is the person or organisation that created the work and not you the commissioner, unless you otherwise agree it in writing.

It is also possible for computer programmes to be patented, although they must meet certain technical criteria. You may also wish to trade mark the name or logo for your application or to register the logo as a design. Your logo may be protected by copyright as an artistic work too.

Do my drawings for my design registration have to be professionally prepared?

Your illustrations must present an accurate and complete picture of your design.

Design registration protects your design as shown on the application form so it is important that you show as clearly as possible what your design looks like to the eye.

This means that if your design is three-dimensional your illustrations should include a series of views from different angles to show the full overall appearance of the product to which the design is applied.

If you only want to protect the design of part of a product, or if you want to limit the scope of the application to a particular element such as shape or decoration, you should mark your illustrations clearly by including a partial disclaimer.

Drawn views

These should be ink drawings or, better still, good-quality scans or photocopies. Only use cross-sectional (cut through) views if they are essential to show a feature properly. If you do include sectional views, they must not show any internal features which cannot normally be seen on the finished product.

Photographic views

These should show the product in front of a clear background and should not include any other items. Avoid confusing highlights, reflections and heavy shadows. Take care to prevent misleading distortion as a result of the camera being too close to the item.

Glue your photos firmly to white A4 backing sheets.

If you are having difficulty in representing your designs on paper, you may file a specimen of the new product design, providing it is no bigger than A4. If you do this your application will still be granted the original date of filing. A period of time will then be allowed to enable you to produce illustrations on paper.