Intellectual Property Rights for Mobile Applications

INTRODUCTION
Mobile applications have become an indispensable part of daily life in the digital world. The mobile app economy has grown exponentially, driven by a vast community of software developers”[1]. Yes, various features of the mobile app can be protected under different types of intellectual property law.

MEASURES TAKEN BY THE WORLD INTELLECTUAL PROPERTY RIGHTS “The toolbox is designed to guide mobile app developers on how to identify, protect, use, and enforce Intellectual Property (IP) in mobile applications”.

Types of IPR under which Mobile Applications can be provided

1. Trade Mark The application consists of different types of trademarks, such as logo, name, and device mark, which serve as a distinguishing element of the brand from others. The business model are require to focus on protection of the logo, name and device mark by making registration under the Trade Mark Act, which helps the businesses from infringement. As no one in future can take a similar or identical trademark with the view of deceiving the public. Additions like Pro, +, and have become extremely common and tend to confuse the user in certain cases. More so, if they already have an app installed with that particular name, they are likely to assume that the one with a Pro or + suffix is an upgraded version of the existing app.
Here are the examples:- A suffix or prefix can be added to the registered brand name by the competitor to deceive the potential user. WhatsApp Pro or WhatsApp+ can be created to mislead the user.

2. Copyright: “There are two aspects of copyrights as far as mobile applications are concerned – one is copyright on the source code of the software as a literary work, and the other is copyright on the screenshots of the app as an artistic work, which in effect will protect the general appearance and layout of the app. Copyright Registration acts as prima facie evidence that shall be beneficial at the time of infringement, and if not protected, irreparable loss can happen to the brand and the company can face a major loss, which can be losing the case as well as major earnings”.

3. Design rights The application consists of different types of industrial designs, such as Graphical User Interfaces, and the registration depends upon the different jurisdictions. Case: Samsung Electronics Co. v. Apple Inc[2] In this case, apple file case against Samsung for infringement of the design of the iPhone, for example:- round corners, rectangular front screen, etc. “These were considered part of the visual appearance (design) of the product”.

4. Patent law Patents are initially granted for industrial products and processes, not for software. With recent developments in IP law, software is also eligible for patent registration.


EXAMPLES
Uber has filed a patent application in the USPTO for on-demand transport services, claiming a computing system that can process utilisation data from computing devices of requesting users of a transport service and identify a plurality of the requesting users being transported by a third-party transit means, such as a train, bus, or ferry, to an arrival location. For each of the plurality of requesting users, the system can determine a destination requiring additional transport from the arrival location of the third-party transit means. Based on the destination of each of the plurality of requesting users, the system can coordinate with a set of transport providers within a certain proximity of the arrival location of the transit means to facilitate transport for the plurality of requesting users at the arrival location”.

As per Sec. 3 (k) of the Indian Patent Act, computer programs cannot be patented per se. Computer software should not include the following programs or algorithms to be granted protection under the patent law:

1. Business method, mathematical method, or algorithm;

2. A computer program.
However, software can be patented if it is attached to an invention and that it is a component of such an invention. To avoid the claim of sec. 3 (k) It is essential to show that hardware is an essential part of the invention, along with the software or computer program. ‘Whether mobile applications are patentable or not’ has been a long overdue question for the past many years. Well, mobile applications are software interacting with various servers while running on hardware that becomes a technical invention of hardware, hence it is patentable. Ferid Allani v. Union of India, WP(C) 7 of 2014, decision dated 12th December, 2019. The Delhi High Court has reiterated that the computer related inventions demonstrating ‘technical effect’ or ‘technical contribution’ are patentable even though they may be based on a computer program. In this case, Ferid Allani filed a patent application seeking a patent for his invention titled “a method and device for accessing information sources and services on the web”. There were various claims, and among them, Claim 9 sought protection for a corresponding device claim written in means-plus-function format. The claimed invention achieves this objective in a manner that is quicker and easier to use than methods known at the time of invention. The court in this case explained the legal position of “per se” under Section 3(k) and compared the provision with Article 52 of the EPC. The court stated the importance of computer programs in today’s inventions, especially inventions related to Artificial Intelligence, Blockchain and other digital products. Further, the Court stated that Patent applications in these fields would have to be examined to see if they result in a ‘technical contribution’.

Mobile app Patent in India
OLA (ANI Technologies) has filed a patent application in India numbered 201741047370 claiming a method and a system for providing in-vehicle services to commuters. A first device transmits online and offline applications to a second device. The online and offline applications are rendered on the second device by way of a first master application installed on the second device. The first device receives one of the first or second requests from the second device, indicating a selection of an online or offline application, respectively. The first device retrieves one of the first multimedia files from the first memory of the first device in response to the first request or a second multimedia file from a first server in response to the second request. The first device streams one of the first or second multimedia files to the second device.

CONCLUSION
At last, I would like to conclude that mobile apps have become the sole mode or part of business, mainly in this rapidly evolving world of technology. The team should be working in a tight-knit manner so that the information is not disclosed to the wrong users, which can jeopardise the business. The IP specialist should thoroughly explain the app so that strong protection is granted to the App. In some cases, the mobile application is just a part of the business, whereas in other cases, the business itself is the mobile application (for example, OLA and Uber). Thus, intellectual property protection is needed for each mobile app in order to enjoy maximum benefits from the mobile application without worrying about competitors who may duplicate the mobile application technology. This will allow the mobile application developers complete authority over their IP assets.

Frequently Asked Questions (FAQs)

1. Can a mobile application be protected under Intellectual Property Rights (IPR) in India?

Yes. A mobile application can be protected through multiple forms of Intellectual Property Rights, including trademarks, copyrights, design rights, and patents. Different elements of the app, such as its name, source code, user interface, and technical innovations, may qualify for different types of protection.

2. How does trademark protection help mobile app developers?

Trademark protection safeguards the app's name, logo, icon, slogan, and other brand identifiers. Registration under the Trade Marks Act helps prevent competitors from using identical or deceptively similar marks that may confuse users and harm the app's reputation.

3. Is the source code of a mobile application protected by copyright?

Yes. Under the Copyright Act, 1957, the source code of a mobile application is treated as a literary work and is automatically protected upon creation. Copyright can also extend to app screenshots, graphics, layouts, and other artistic elements of the application.

4. Can the design of a mobile application be protected?

Yes. Certain visual elements of a mobile application, including Graphical User Interfaces (GUIs), icons, layouts, and screen designs, may be protected under design laws, subject to the applicable legal requirements and jurisdiction-specific regulations.

5. Are mobile applications patentable in India?

Mobile applications are not patentable merely because they are software programs. However, if the application demonstrates a technical effect or technical contribution and is linked with a technical invention involving hardware, it may qualify for patent protection under Indian patent law.

6. What is the significance of Section 3(k) of the Patents Act, 1970?

Section 3(k) excludes computer programs, algorithms, business methods, and mathematical methods from patentability when claimed: "per se." However, inventions involving software that produce a technical effect or form part of a technical solution may still be eligible for patent protection.

7. What was the importance of the Ferid Allani v. Union of India case?

In Ferid Allani v. Union of India (2019), the Delhi High Court clarified that computer-related inventions demonstrating a technical effect or technical contribution are not automatically excluded from patent protection. The judgment significantly influenced the patentability of software-based innovations in India.

8. Why is intellectual property protection important for mobile applications?

Intellectual property protection helps developers secure exclusive rights over their innovations, prevent unauthorised copying, attract investors, enhance brand value, and maintain a competitive advantage in the rapidly growing digital marketplace.

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