By Alpit Patel and the aibrevo team · October 31, 2026 · 6 min read
How Do You Protect Your App Idea?
Quick answer
You cannot protect a bare idea: US copyright law does not cover ideas, systems or methods. What you can protect is the code and designs (copyright), a new technical invention (patent, if it passes the eligibility test), the name and logo (trademark) and confidential details (trade secrets and NDAs). The strongest protection is usually executing fast and owning your code.
Key takeaways
- Ideas themselves are not protected. The US Copyright Office says copyright does not protect ideas, concepts, systems or methods of doing something, only the way they are expressed.
- Your code and designs are protected by copyright the moment they are written. Registration costs $45 (Single Application) or $65 (Standard Application) and lets you sue for infringement in the US.
- Patents protect new technical inventions, not app concepts. A provisional application costs $325, $130 or $65 depending on entity size and buys 12 months of patent-pending status. Software claims must pass the USPTO's abstract-idea test.
- Trademarks protect the app's name and logo. The USPTO base application fee is $350 per class of goods or services.
- NDAs and trade secret practices protect confidential details you share. The simplest protection of all is a signed assignment that makes you the owner of the code your developers write.
You cannot protect a bare app idea. US copyright law does not cover ideas, systems or methods, only how they are expressed. What you can protect is what you build: your code and designs (copyright), a new technical invention (patent, if it passes the eligibility test), the app’s name and logo (trademark), and the confidential details you share (NDAs and trade secrets).
Not legal advice. This page summarizes US government sources for general information, checked on October 31, 2026. Intellectual property rules differ by country and by facts, so talk to an IP attorney before you file or sign anything important.
Sources: Copyright Office fees, USPTO fee schedule, USPTO trademark costs, USPTO provisional applications; all checked Oct 31, 2026.
What can and cannot be protected?
| What you have | Protected by | What it covers | What it does not cover |
|---|---|---|---|
| The idea for the app | Nothing on its own | Ideas, concepts, systems, methods | |
| Source code, screens, text, graphics | Copyright | Copying of your actual expression | Someone writing their own code for the same idea |
| A new technical method the app uses | Patent (utility) | Making, using or selling the claimed invention | Abstract ideas, business concepts |
| App name, logo, slogan | Trademark | Confusingly similar branding for related goods or services | The app’s features |
| Algorithms, data, plans you keep secret | Trade secret, NDA | Misuse or disclosure of confidential information | Independent development, reverse engineering of what is public |
The US Copyright Office puts it plainly: “Copyright does not protect ideas, concepts, systems, or methods of doing something.” It also says copyright does not protect names, titles, slogans or short phrases, which may be protected as trademarks instead (Copyright Office FAQ, checked Oct 31, 2026).
Should you use an NDA?
Use one when you share details that give your app its edge: data sources, pricing models, partner terms, a technical approach. An NDA is a contract, so it gives you a claim if the other side discloses or misuses that information. It does not give you rights in the idea itself, and it will not stop someone who thinks of the same app independently.
Practical tips:
- Pitch freely, share details later. The one-sentence idea rarely needs protecting. The how does.
- Mark what is confidential and share it in writing, so it is clear what the NDA covers.
- Keep it mutual and short. Mutual NDAs are easier for both sides to sign quickly.
- Combine it with trade secret practice. The USPTO describes a trade secret as information with value because it is not generally known, where the owner makes reasonable efforts to keep it secret (USPTO trade secret policy, checked Oct 31, 2026). Limit who sees it and keep access logs.
How does copyright protect your app?
Copyright covers your code, screen designs, text and graphics automatically once they exist. The Copyright Office lists computer software among the original works it protects. The Copyright Office says copyright “exists from the moment the work is created,” and that you will have to register “if you wish to bring a lawsuit for infringement of a U.S. work” (Copyright Office general FAQ, checked Oct 31, 2026).
| Copyright Office application | Fee (electronic filing) |
|---|---|
| Single Application (one author, one work, not made for hire) | $45 |
| Standard Application | $65 |
Source: Copyright Office fees, checked Oct 31, 2026.
The catch is ownership. If an outside developer writes your code, they may own the copyright. The Copyright Office explains that a commissioned work counts as a work made for hire only if it falls into one of nine statutory categories and both parties sign a written agreement saying so (Circular 30, checked Oct 31, 2026). Software usually is not in those categories, so get a signed assignment of all rights to you. Our guide on how to hire an app developer covers the contract clauses.
Can you patent an app?
You can patent a specific technical invention, not the concept of an app. Three things to know:
- Eligibility. The USPTO applies the Alice/Mayo two-part test to every claim. Abstract ideas, including mathematical concepts, mental processes and certain methods of organizing human activity, are not eligible unless the claim integrates them into a practical application or adds significantly more (MPEP 2106, checked Oct 31, 2026). Many app concepts fall into the abstract-idea groups.
- Timing. The USPTO says a provisional application can be filed up to 12 months after an inventor’s public disclosure, but a disclosure more than a year before filing would preclude a US patent, and any public disclosure may limit patents abroad. Launching or pitching publicly starts that clock.
- Cost. USPTO fees, effective Jan 19, 2025:
| Fee | Large entity | Small entity | Micro entity |
|---|---|---|---|
| Provisional application filing | $325 | $130 | $65 |
| Nonprovisional utility: filing + search + examination | $2,000 | $800 | $400 |
Source: USPTO fee schedule, checked Oct 31, 2026. Nonprovisional total is our sum of the three listed fees ($350 + $770 + $880 for a large entity). Attorney fees are extra.
A provisional application is not examined, lets you say “patent pending” for 12 months, and must be followed by a nonprovisional application within that window, which cannot be extended (USPTO, checked Oct 31, 2026).
Should you trademark the app name?
If you plan to build a brand, yes. Copyright does not cover names, so a trademark is the tool. The USPTO base application fee is $350 per class of goods or services, effective January 2025 (USPTO, checked Oct 31, 2026). Before you file, search the USPTO trademark database and both app stores for similar names. Renaming after launch costs you store reviews and search history.
What protects an app idea best in practice?
Speed and ownership. A competitor who hears your idea still has to build it, find users and win their trust. Three steps do most of the work:
- Ship a focused first version fast. An MVP puts you in front of users while others are still planning. Across the 44 builds in our published case studies, first versions shipped in 5 to 10 weeks, with a median of 7.
- Own everything. Code assigned to you in writing, the repository in your account, and the app published under your own Apple and Google developer accounts.
- Keep the real edge secret. Data, relationships and know-how are harder to copy than features.
If you want to talk through an idea, we scope it on a free 30-minute call, and you decide how much detail to share. See our MVP development and mobile app development pages, or browse our work.
Sources
- US Copyright Office, What Does Copyright Protect? (FAQ), checked Oct 31, 2026.
- US Copyright Office, Copyright in General (FAQ), checked Oct 31, 2026.
- US Copyright Office, Fees, checked Oct 31, 2026.
- US Copyright Office, Circular 30: Works Made for Hire, checked Oct 31, 2026.
- USPTO, Fee schedule, effective Jan 19, 2025, checked Oct 31, 2026.
- USPTO, Provisional application for patent, checked Oct 31, 2026.
- USPTO, MPEP 2106: Patent subject matter eligibility, checked Oct 31, 2026.
- USPTO, Trademark: how much does it cost?, checked Oct 31, 2026.
- USPTO, Trade secret policy, checked Oct 31, 2026.