When developing an app, many businesses instinctively focus on patents. In practice, however, this is often only one part of the protection strategy, and not always the most commercially important one.

In our previous article, ‘Should you patent your app?’, we considered whether patents are the right tool at all, including key trade-offs such as disclosure versus secrecy and the need for technical character. This article builds on that analysis by setting out a broader IP toolkit for app protection, explaining how registered trade marks, registered designs, copyright and trade secrets can be used alongside patents to build a more robust and commercially effective strategy.

The key message is clear: no single IP right protects an app, and relying on one in isolation often leaves commercially important gaps. Competitive advantage is achieved by layering complementary rights across functionality, branding, appearance and data.

Mapping IP to an app to create a toolkit

A practical way to approach this is to break an app down into the elements that drive value, and then map appropriate IP protection onto each.  This provides a simple way to see how different IP rights, or tools, can be used to protect an app.

The important takeaway is that no single right protects the entire app. Without a layered approach, competitors may not need to copy everything to compete effectively.  For example, reproducing branding, graphics, interfaces, or selected functional features may be enough to capture value while avoiding infringement.

Bringing the IP toolkit together

To summarise the above mapping, a recommended layered approach to app protection would involve IP rights as follows:

• Patents – protect technical innovation and functionality when using the app;
• Registered trade marks – protect the app name and associated branding;
• Registered designs – protect the appearance of the user interface and other important visual elements;
• Copyright – protects against copying of artistic content, such as images, videos, graphics and icons used in the app, as well as applicable literary works including text presented to users in the app and the underlying source code; and
• Trade Secrets – protect confidential information such as source code, datasets, AI model parameters, and implementation details that are actively kept secret.

In many cases, apps will not include functionality that is realistically patentable.  This is completely normal and will just increase the relative importance of the other IP rights available.

Failing to adopt a layered approach can leave critical gaps, for example, a competitor may avoid patent infringement while replicating branding or user interface elements, or recreate functionality that is not otherwise protected.

How to use the IP toolkit

Apps can have an endless variety of properties and functionality, so IP strategy will vary on a case by case basis depending on the particular properties of the app in question.  Nonetheless, a general strategy for using the IP toolkit might involve:

1) Pre-launch of the app (or before a major update)

• Identify value drivers – determine which aspects of the app (functionality, user experience, branding, data) are most commercially important and should be prioritised for protection.
• Carry out clearance and risk checks – conduct trade mark clearance and, where appropriate, freedom-to-operate searches to reduce infringement risk and avoid costly rebranding or redesign.
• File patents and designs before disclosure – ensure any patent or design applications are filed before public disclosure (including demos, investor presentations, or beta releases), as disclosure can remove protection options.
• Secure branding early – file trade mark applications at an early stage to support product launch and reduce risk of later conflicts.
• Establish ownership and record creation – confirm ownership of all IP (including contractor-developed material) and maintain records supporting copyright creation.
• Put confidentiality measures in place – implement practical steps (e.g. NDAs, access controls, internal policies) to support protection of trade secrets.

2) Post-launch of the app

• Progress applications through to grant – actively manage patent, trade mark, and design filings across relevant jurisdictions.
• Protect updates and new features – review app updates and new features regularly to identify opportunities for additional patent, design, or trade mark protection before release.
• Maintain and expand protection scope – extend protection geographically or across product variants where commercially justified.
• Maintain records of new material – document development of new code, content, and data to support copyright and trade secret protection.
• Protect confidentiality in practice – ensure internal processes continue to restrict access to sensitive information and that confidentiality measures are actually followed.
• Monitor the market and competitors – keep an eye on competing apps and branding to identify potential infringement or copying early.

As always, a professional should always be consulted to recommend a specific strategy for the app in question.

Example – AI fitness application

In an invented example, an AI-based fitness app might be protected in the following ways:

• An algorithm analysing sensor data using a trained AI model may form the basis of a patentable technical contribution.
• The app name and associated app launch icon or logo may be protected by a registered trade mark.
• The app launch icon or logo, user interface design and layout may be protected by a registered design.
• The code and any other artistic content may be protected by copyright.
• The model weights and parameters used in the trained AI model may be protected as a trade secret.

Together, these rights create a much more robust and defensible position than any single right alone.

Conclusion

Protecting an app is not about selecting a single form of intellectual property but about using the available rights in a coordinated way.

The most effective approach will depend on how the app creates value in practice. Taking a structured, early view of IP can significantly strengthen both the protection obtained and long-term commercial outcomes.

This article was written by Senior Associate, Henry Shine. If you would like to discuss this topic or something else, please get in touch at Henry.Shine@wilsongunn.com or contact one of our attorneys for advice.