Whether your mobile app can obtain patent right would depend on which element of your app you wish to apply for patent to get protection and whether the patentability requirements under the laws of Hong Kong can be met. For example, patent may be applied for a technical idea or feature relating to the app.
You will have to decide which element of your app you wish to get protection. For example, the software that runs your app may also be protected by copyright. But patent protection may be available for software related inventions that are not merely computer programs.
In the European Patent Office and in the United Kingdom Patent Office, software is patentable if it is a computer-related invention that produces a 'further technical effect'.
Essentially, software that merely automates a process that was previously done mentally or manually is not patentable. But if the software solves a technical problem it is patentable.
Literary and artistic works included within your app, such as original databases, musical works, audio visual works, works of fine art and photographs are also protected by copyright.
As for the logos or signs contained within your app, trademark registration should be considered.
For graphical objects and layouts, they can be protected by design registration.
App created by independent contractor
If the app is developed by an independent contractor of your business, an agreement must be made with the independent contractor to state clearly that the ownership of the app belongs to you, that is the business owner. If there is no agreement in place, the developer of the app generally will be considered as the owner of the app created.
For Hong Kong patent services and advice, please contact Chow & Cheung, Hong Kong Solicitors, Notary Public & China Appointed Attesting Officers
Tel: + 852 2856 3799 Email: cac@ccsn.hk
www.ccsn.hk
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