Forums: Discussions for entrepreneurs and small business.

Hello, i have a online service that will also have a mobile app as well.  Possibly in the near future a user will be able to print something from the site also.

I have a developer that is currently building the application website now.  My questions are this:

1. Since he is developing the software and he claims the software (unless i buy his    software from him), can i still file a patent for the whole concept of my idea ?? He doesnt own anything but the software.  He wont be building the mobile app, JUST whatever is online
2. What can i trademark / copyright for a online service ?
3. What type of Patent would i be filing for ?

You should try to work out ownership issues ASAP.

One possibility is to file a provisional utility patent claiming the overall concept that you disclosed to him.  However usually when people start working on a project, they start to contribute their own ideas as well.

Thus the longer you both work on it together without an agreement as to who will own what, the more things can get mixed up, and this can get messier to untangle.

At the same time, keep in mind that there are a lot of mobile apps out there, so at the end of the day, you may or may not be able to get a patent on your particular idea.

The software can also be copyright, and here you really need to work this out too. Are you getting a non-exclusive copyright (he can resell) or an exclusive copyright (you control rights of resale).

I am not a lawyer, so take this as informal business advice.

Seek the advice of an attorney.

yeah, you probably should have sought out an attorney's advice before you started with the software developer: if hsi software includes you idea in it, he will probably have the rights to that.

My advice would be to get advice from a patent attorney

Hey, Happy New Year, I also agree with Rachels comments，

“My advice would be to get advice from a patent attorney，”

patent attorney is best for advise , 

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