I want to hire someone to build the app for me but am worried a developer could steal my idea. What do i need to prevent this?

Business 3 views 10 answers
I want to make an app but i need to hire someone to do the job because i am not skilled in app development. What do i need to be able to give my ideas to the app creator without having to worry if he/she will steal or copy my idea?

Attorney Answers

10
Daniel Thomson ·
You need to speak with an intellectual property attorney and have them craft the necessary agreement to protect you.
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Floyd Ivey ·
You will still need to worry after you contract with a developer for a Non Disclosure Agreement and an assignment of all right including Copyright and Patent - The assignment of rights must also require the developer to execute all documents needed, wherever. You need to consult with Intellectual Property counsel.
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Alan Sack ·
An IP attorney will be able to craft an appropriate confidentiality agreement for you to work with the app developer. You should also have the developer agree to assign all IP, including patent and copyrights in the app to you or your company. You should contact an experienced Patent/IP attorney to advise and assist you on your specific situation.
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Eric Kelly ·
Have your developer sign both a NDA (confidentiality agreement) and a work for hire agreement that specifies all IP (e.g., copyright, trade secrets, patent eligible subject matter, etc.) arising out of the work and/or in relation to the scope of the work, whether derived or independently developed, is yours (this will be a present assignment), and that developer agrees to make any future assignments of IP, as well, that may be needed to perfect your title in any of the IP. This may be done in one or more documents. These types of documents are fairly routine for IP attorneys so it should not cost too much to have the proper documents prepared for you, but I would not attempt to draft these without attorney involvement, as something may be done wrong without even knowing it.
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Matthew Yospin ·
You need an IP attorney to write a NDA that includes 1) invention assignment provisions, 2) an obligation to cooperate in perfecting your rights (such as signing the paperwork for patent applications if the person becomes a joint inventor), and 3) an enduring power of attorney for you to do so on behalf of the joint inventor if she or he can't or won't sign. Please do not use an NDA you find online for free or pay $50 for at an (alleged) legal-services site. Those agreements will not work for what you're describing.
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Philip Virga 137967.Html ·
You need a contract signed by the app developer, contact an intellectual property attorney to help guide you in this matter
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Daniel Ballard 336465.Html ·
In addition to the very good information already provided, I'll add two points: The attorney you hire should be licensed in California because state law will control most issues in the agreement and the agreement should also include a copyright "assignment" provision that transfers to you [or, preferably a company you form] the copyright and all other rights in the computer program you're hiring the developer to create. One other point: It may make sense to divvy up the work between at least two developers. Compartmentalizing the code [until final] will preclude any one developer from running off with the code for the entire program.
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Dariush Adli ·
The first thing you need to do is to file a patent application on your invention IF your app qualifies. Your patent attorney would be able to evaluate your app and advise you on that option. A patent filing will give your app "patent pending" status and will protect the disclosed information and your place as the inventor as of the filing date of your patent application. You can also enter into a non-disclosure agreement with your developer in order to protect information that you provide him that may not be clearly protected by the patent application. Finally, you should get an assignment of rights that would make you the owner of any intellectual property developed by the developer that are based on or result from the information provided by you. Your Intellectual Property/Business attorney would be able to evaluate your particular case and advise you of your options. Good luck.
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Frank Natoli ·
This is probably less of a concern than it may appear, but you should always make certain first to pick providers that give you the best chance of avoiding such issues. For example, if you go with the cheaper guy in Romania or Pakistan you will save money but what are going to do if they take advantage of you? Next, of course you need to make sure you have a proper written agreement, usually a broad independent contractor agreement, that covers such things as work-for-hire, assignment, NDA/NNN, indemnifications, governing law and dispute resolution terms, service level terms among others. Your provider may on her own present such an agreement or you will be expected to provide that. I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. Best regards, Frank Natoli-Lapin, LLC
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Julie King ·
You could have the developer sign a Non-Disclosure Agreement. However, it may be easier and less expensive for you to read the retention letter agreement that the developer will likely have you sign and see if there is a non-disclosure section in that agreement. If so, make sure it is mutual (meaning you won't disclose his trade secrets and confidential information, and they won't disclose yours.) If you need help with either your own Non-Disclosure Agreement or interpreting the legalese in your web developer's retention agreement -- which are often one-sided -- call an attorney to help. Best wishes! I hope your idea is a great success!
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