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At Sprintlaw, we’ve spoken to thousands of startups and small businesses over the years, and now in 2025 the tech landscape is evolving faster than ever. Whether you’re launching a cutting‐edge app or refining an existing platform, protecting your intellectual property is key.
For startups in particular, it’s still common to create an app – and with the increased competition in 2025, ensuring that your innovation is safe from copycats is even more critical.
To protect your app, many startup founders are quick to assume that they need to “patent” the app. However, this isn’t necessarily the best idea or the most effective way to safeguard your creation.
Here’s why.
What Is A Patent, Anyway?
When you develop a creative idea for your business, you naturally want to protect it so that others don’t profit off your hard work. In Australia, one common method of protection is to apply for a patent through IP Australia.
A patent is an intellectual property right that, when granted, makes you the exclusive owner of a particular invention – whether it be a device, substance, method or process that you’ve developed. A standard patent typically lasts for up to 20 years, meaning that, for that period, others are barred from using your invention without your permission.
However, patents are not a catch-all solution. The patent system is complex, and the requirements are strictly defined. Your invention must be “novel” and non-obvious, which can be a challenge in a market where many apps share similar functionality.
Moreover, the patent application process can be both time-consuming and expensive – factors that are especially significant for startups trying to move fast in 2025. Before deciding to pursue a patent, it’s wise to seek advice from an experienced lawyer who specialises in intellectual property.
Can I Patent My App?
So, to address our initial question: can you actually apply for a patent for your app?
Technically speaking, yes – you can apply for a patent if your app incorporates a unique method or functionality that is both novel and inventive. For example, if your app introduces an innovative algorithm or an unusual way of processing data on a mobile device, you might be eligible.
That said, you cannot patent the general idea, software code, or visual design of an app. In a world where most apps operate on similar principles, proving novelty can be difficult. As a result, a patent may not be the most suitable protection for your app’s core concept.
Also note that once you showcase your app publicly – whether by demonstrating it to investors or discussing it at an industry event – you risk compromising your patent application. It’s essential to have key stakeholders sign a Non-Disclosure Agreement before sharing any details publicly.
Think of Snapchat – one of the early innovators of the “Story” function. Even though they introduced a game-changing feature, strict patent requirements meant that they couldn’t secure exclusive rights to it. By 2025, many social media platforms have adopted similar functionalities, underscoring the challenges of patenting app concepts.
Is A Patent Right For Me?
Deciding whether a patent is the right move for your app depends on several factors, including how your app works and what exactly you want to protect. In many cases, a patent might not be practical because:
- It’s expensive and can strain a startup’s budget
- The process can take several years – not ideal in today’s fast-paced market
- You cannot launch your app publicly before filing, limiting early promotion
- The detailed methodology of your app becomes public once a patent is granted
- The patent may not effectively protect aspects like software code or design elements
For many small businesses and first-time startups, the time, effort, and cost associated with obtaining a patent may not justify the potential benefits. Rather than solely relying on patents to stop competitors from copying your app idea, it’s better to explore alternative protection strategies.
If you’d like to read more on patent fundamentals in the current innovation landscape, IP Australia offers updated resources here.
How Else Can I Protect My App?
While a patent might not be your best option, there are several other ways startups and small businesses in 2025 can protect their apps and overall intellectual property. Remember, although you can’t safeguard the abstract idea of your app, you can protect how it’s expressed.
Below are three key methods to consider:
Trade Marks
Start by protecting your app’s branding with a trade mark application. This step secures your app name and logo – essential elements that set you apart in a competitive market. Once granted, a trade mark provides enforceable rights in Australia for up to 10 years, with opportunities for renewal. It’s a smart move to establish your brand identity before a competitor registers a similar mark.
Copyright
Your app is automatically protected by copyright as soon as its creative elements – such as software code and design – are expressed in a tangible form. For instance, the code that powers your app and its interface are covered under Australian copyright law without the need for registration. However, if you work with external designers or developers, ensure that your contracts include an assignment clause. Check out our guide on employment contracts and agreements to secure ownership of your IP.
Business Structure
One effective way to safeguard your app’s intellectual property is by incorporating your business. In many cases, startups choose to set up as a company, which ensures that all key assets, including IP, are owned by a separate legal entity. This protects your personal assets and streamlines risk management.
For even greater protection, consider a Dual Company Structure. With this approach, you establish an Operating Company to manage day-to-day activities and a Holding Company to own valuable assets like intellectual property and cash reserves. This separation can be especially appealing to investors and helps shield your innovations from potential liabilities.
Additionally, if you need flexibility in managing your business structure as you grow, our resource on changing your business structure may provide valuable insights into realigning ownership and protecting your interests in 2025 and beyond.
Ongoing Protection in a Fast-Moving Market – It’s also vital to review and update your legal agreements regularly. In 2025, with rapid changes in technology and evolving IP laws, maintaining up-to-date contracts such as Development Agreements and IP Assignment Deeds can ensure that your app and related assets remain fully protected as your business grows.
Speak To A Lawyer
We began by asking if you should pursue a patent for your app. While that route might not be ideal, there are several alternative methods to protect your innovation and intellectual property.
If you’re uncertain about which route to take, or if you need help drafting contracts and ensuring that your IP is properly secured, our team is here to assist. With our up-to-date expertise in 2025’s legal landscape – from intellectual property protection to refining your employment contracts – we can guide you through every step.
Need help navigating this world? That’s what we’re here for! Don’t hesitate to reach out to us on 1800 730 617 or at team@sprintlaw.com.au for a free, no-obligation chat.
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