Issue link: https://viewer.e-digitaledition.com/i/36081
++ + ++ + +++++++++++++++++++ LEGAL-EASE +++++++++++++++++++ + + Medical Apps and Their A PPS ARE BECOMING more popular in the medical pro- fession, and it’s good to be aware of the issues that can arise if you decide to develop one. While there are many Apps on the market that are directed to medical practitioners, some practitioners are coming up with great new ideas for Apps that improve the information and tools that are available to others. The development of an App often requires a great deal of effort. Once you come up with an idea for an App, it’s typically necessary to download an App development package that provides the basic framework for the development of your App. Once the App development package is set up, you or someone that you are working with will need to write the computer code that enables your App to function. Once the code is written, you’ll have to test the App. Finally, in order to distribute the App, you’ll have to submit it to an appropriate site or provider for approval. Because there is often a considerable amount of time and effort involved in the development of an App, it is desir- able to try and protect it, which typically involves intellectual property; that is, trade secrets, patents, copyrights and trademarks. For example, because trade secrets protect information that is not generally known and not readily ascer- tainable by others, and is subject of reasonable efforts to maintain its secrecy, certain aspects of the code and function of an App may be able to be protected as a trade secret. In this case, if it is necessary to disclose proprietary aspects of an App to others, a confi den- tiality agreement may be used to keep these aspects of the App protected as a trade secret. Another avenue that may be available is patent protection, which protects a new, useful and non-obvious idea or invention that is embodied in a product or process, and can include computer software. As a result, if an App is differ- ent enough from subject matter that was previously known, it may be eligible for patent protection, although it can be diffi cult for an App to meet the require- ments for patentability. The computer code that is written for an App may also be protected under copyright, as copyright protects original creative expression in works that Intellectual Property Considerations Part 2 of 2: Considerations When Developing Your Own App By Edward T. Kennedy, Esq. include computer code. When the code of an App is protected under copyright, a developer may be able to prevent others from making unauthorized copies of the App. An App may also be protected through trademark law if there is a unique brand name and/or logo associ- ated with the App. Because trademarks are names, words or symbols that are used to identify or distinguish the trademark owner’s products or services from the products or services of others, others cannot legally use the trademark that is associated with an App without permission. As a result, if you are interested in developing an App, it’s worthwhile to consider what protection may be avail- able and take the necessary steps to protect your App. NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice. Edward T. Kennedy is a patent attorney with the law firm of Krugliak, Wilkins, Grif f iths & Dougherty Co., LPA, in Canton, Ohio. n MDNEWS.COM JULY-AUGUST 2011 MD NEWS Cleveland-Akron-Canton | 55