On Jan 25, 2010, at 12:28 AM, anderson oliveira wrote:

> My question is. Can you patent software ideas? What is the safe way to do 
> this? Trademark? Copyright?

First: I Am Not A Lawyer.

Yes, you can patent a software idea, but it is expensive. You will need to hire 
a lawyer to prepare and file all the paperwork. It's not worth the money/time 
if you are indie.

Trademarks are for company and product names. I think you get some protection 
for consistently using a name even if you don't register it. So you should 
probably register names eventually, but you don't need to do it right away.

Copyrights are for expressions of ideas: your software binary, your website, 
etc. You have copyright when you create something. You don't need to register 
or anything.


> Can I do the app and apply like Doing As Business kind of thing? Or 
> LLC will be better?

You can operate a business as a sole proprietor (no paperwork necessary) or an 
LLC (create a company entity).

Taxes are basically the same for either setup; the reason to create an LLC is 
for liability: if the business is sued for all its money, your private assets 
are safe. (This could happen if somebody with a patent thinks you have 
infringed, even if you weren't aware of them.)

DBA (Doing Business As) is for registering a company name with local 
government, so your company can use that name and citizens can trace it back to 
you if there's a problem. You need a DBA if you are using anything other than 
your legal name or your company's legal name.


I hope this is helpful. I also hope it is correct.

-- Ben

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