How Do You Check If Someone Else Owns Your App Features?

Patent infringement lawsuits in the tech industry cost companies billions each year, with mobile apps increasingly becoming targets for intellectual property disputes. I've seen brilliant app ideas get shelved because someone discovered too late that a competitor already held patents on their core features. It's honestly one of the most frustrating situations you can find yourself in as a developer or business owner.

When you're building an app, it's easy to assume that your features are unique—especially if you've never seen them implemented exactly the way you're planning. But here's the thing: just because an app doesn't exist in the market doesn't mean someone hasn't already claimed ownership of the underlying technology or method. Patent applications can sit for years before being approved, and some companies file patents defensively without ever building the actual product.

The reality is that intellectual property in mobile development has become incredibly complex, with overlapping patents covering everything from user interface gestures to data processing methods

I've worked with clients who've had to completely redesign their apps after discovering potential IP conflicts, and trust me, it's much cheaper to do your homework upfront than to rebuild everything later. The good news? There are systematic ways to research feature ownership and protect yourself from costly mistakes. You don't need to be a patent attorney to conduct basic searches, but you do need to know what you're looking for and where to look. Understanding IP ownership isn't just about avoiding lawsuits—it's about making informed decisions that protect your investment and give you confidence to move forward with your app development.

Understanding Intellectual Property in App Development

Right, let's get one thing straight from the start—intellectual property in app development isn't just some boring legal stuff you can ignore. I've seen too many brilliant app ideas get tangled up in IP disputes that could have been avoided with a bit of forward planning. It's honestly one of those things that can make or break your entire project.

When we talk about IP in mobile apps, we're really looking at four main areas. There's copyright (which covers your code, designs, and content), trademarks (your app name, logo, and branding), patents (the unique ways your app functions), and trade secrets (basically anything you want to keep confidential). Each one protects different bits of your app, and you need to understand all of them.

The Reality of App IP Protection

Here's where it gets interesting—and a bit complicated. Your app probably contains dozens of features, but not all of them can be protected in the same way. Some things are covered automatically (like your original code), whilst others need formal registration. And some features? Well, they might already belong to someone else without you realising it.

The tricky bit is that apps often combine existing technologies in new ways. You might think you've invented something groundbreaking, but there's a good chance someone else has already patented a similar process or method. That's why checking becomes so important.

• Copyright protects your original code and creative content automatically
• Trademarks need registration but protect your brand identity
• Patents cover functional innovations but require formal applications
• Trade secrets protect confidential business methods and processes

The good news? Most app features fall into well-established categories, so once you know what to look for, checking becomes much more straightforward. But you've got to know where to look first.

What Counts as Protectable App Features

Right, so here's where things get a bit tricky—not every feature in your app can actually be protected by intellectual property law. I mean, if that were the case, we'd all be suing each other for having login buttons! The key is understanding what genuinely counts as protectable and what's just standard practice.

Generally speaking, you can't protect basic functionality that everyone expects. Things like scrolling, tapping to select, or having a settings menu—these are what we call "industry standards" and they're fair game for everyone. But here's where it gets interesting: its the unique way you implement these features that might be protectable.

Patents typically protect novel technical processes or methods. So if you've developed a completely new way of handling user authentication, or you've created a unique algorithm for matching users, that could be patent-worthy. I've seen apps with patented features around gesture recognition, specific data compression techniques, and even unique user interface behaviours.

Design elements fall under different protection—think copyright and design patents. Your app's distinctive visual style, custom icons, or unique user interface layouts can often be protected. But honestly? A simple blue button isn't going to cut it.

The Technical vs Visual Distinction

One thing that trips people up is the difference between protecting how something works versus how it looks. Your innovative backend process for processing payments might be patentable, whilst your sleek payment form design might be protected under design rights. They're completely different types of protection with different requirements.

Focus your IP research on features that are truly innovative or unique to your app's core functionality—don't waste time worrying about standard interface elements that every app uses.

Right, let's talk about actually searching for existing patents and trademarks—because this is where things get a bit tricky if you don't know where to look.

The good news is that most patent databases are free to search. The bad news? They're designed by patent lawyers for patent lawyers, which means they can be bloody confusing at first. But don't worry, I'll walk you through the basics.

Patent Searching Made Simple

Start with Google Patents—honestly, it's the most user-friendly option out there. You can search using plain English terms like "mobile payment authentication" or "gesture recognition smartphone" and actually get results that make sense. The interface shows you the patent diagrams too, which helps you quickly work out if something's relevant to your app.

For UK patents specifically, use the IPO's search tool. It's not as pretty as Google's version, but it's the official source. Same goes for the USPTO database if you're thinking about the US market—which, let's face it, most app developers are.

Here's a tip from years of doing this: don't just search for exact matches of your feature. Patent applications often use really technical language that sounds nothing like how normal people describe things. So if you've got a "smart photo organiser", also try searching for terms like "image classification", "automated photo sorting" and "machine learning photography".

Trademark Searches

Trademarks are actually easier to search than patents. Use the UK IPO trademark search for British registrations and the USPTO's TESS database for American ones. Focus on your app name, logo concepts, and any unique feature names you're planning to use.

The key thing with trademark searching is checking different categories—or "classes" as they're called. Mobile apps usually fall under Class 9 for software and Class 42 for technical services, but check both to be safe.

Checking App Store Listings for Similar Features

Right, so you've done your patent searches and trademark checks, but there's another layer of research that's just as important—actually looking at what's already live in the app stores. I mean, patents are one thing, but seeing what features are actually being used by real apps gives you a much clearer picture of the competitive landscape.

Start with the obvious places: the Apple App Store and Google Play Store. Search for apps in your category and spend time actually using them—don't just look at screenshots. Download the top 20 or so apps that are similar to what you're planning; you'll be surprised how many features you thought were unique are already out there. I always tell my clients to make notes about specific functionality, user interface elements, and any unique interactions they find.

Beyond the Major App Stores

But here's the thing—don't stop at just iOS and Android. Check out web apps, Chrome extensions, and even desktop software that might have similar features. Sometimes a feature that seems new on mobile has been around for years in other formats. ProductHunt is brilliant for finding newer apps that might not have gained much traction yet but could still present IP issues down the line.

The most successful apps I've built aren't the ones with the most unique features, but the ones that combine existing features in ways that genuinely improve the user experience

Keep a spreadsheet of what you find—app names, specific features, release dates if you can find them, and how similar they are to your ideas. This documentation becomes really valuable if you ever need to discuss potential conflicts with a patent attorney. Plus, it'll help you refine your own concept and find gaps in the market that you can actually fill.

Working with Patent Attorneys and IP Professionals

Here's the thing—IP law is complex, and trying to navigate it alone is like performing surgery on yourself. Sure, you might save money upfront, but the risks are massive. When I've got clients with genuinely innovative features or significant investment at stake, I always recommend they speak to a patent attorney.

Patent attorneys aren't cheap, I'll be honest. You're looking at anywhere from £200-500 per hour depending on their experience and location. But here's what they bring to the table that you simply can't get from Google searches: they understand the nuances of patent law, they know how to interpret claims properly, and they have access to professional databases that go way beyond what's publicly available.

When You Actually Need Professional Help

Not every app needs a patent attorney—that would be overkill. But if you're dealing with complex algorithms, unique technical solutions, or features that could become your main competitive advantage, it's worth the investment. I've seen too many developers get blindsided by patent issues later because they thought a quick search was enough.

A good IP professional will do what's called a "freedom to operate" analysis. They'll look at your features, identify potential risks, and give you a proper assessment of whether you're likely to run into trouble. They can also help you understand the difference between patents that look scary but are actually quite narrow, versus ones that could genuinely block your development.

Finding the Right Attorney

Look for attorneys who specialise in software and mobile technology—patent law is specialised, and you want someone who understands your space. Many offer initial consultations where they'll give you a rough idea of whether your concerns are justified before you commit to a full analysis.

Protecting Your Ideas When Discussing with Developers

Right, let's talk about something that keeps many app founders up at night—sharing their brilliant idea with developers without getting completely ripped off. I get it, it's scary. You've got this concept that could be the next big thing, but you need technical help to make it happen.

Here's the thing though: most developers aren't sitting around waiting to steal your idea. We're usually too busy working on existing projects to go off and build competing apps. But that doesn't mean you shouldn't protect yourself—you absolutely should.

Always have a Non-Disclosure Agreement (NDA) signed before discussing any specific features, user flows, or unique functionality. Most reputable developers expect this and won't be offended.

The key is finding the right balance. You need to share enough detail for the developer to give you an accurate quote and timeline, but not so much that you've handed over your entire business plan. I usually recommend clients share the core functionality first, then dive into the unique features once we've got paperwork sorted.

What to Include in Your Developer NDA

Your NDA should cover these basics, but honestly, get a solicitor to draft it properly:

• Clear definition of what constitutes confidential information
• Time limits (usually 2-5 years is reasonable)
• Specific consequences for breach of agreement
• Return or destruction of materials after project ends
• Non-compete clauses for similar projects

Don't go overboard with restrictions though. If your NDA is too aggressive, good developers will just walk away. Remember, they need to be able to use their general skills and experience on future projects—you're just protecting your specific ideas and business concepts.

One more thing: document everything. Keep records of what you shared, when you shared it, and who you shared it with. This creates a paper trail that's invaluable if you ever need to prove ownership later.

Who Actually Owns the IP in Development Projects

Here's where things get proper complicated—and honestly, it's the source of more legal headaches than I care to remember. The question of who owns what when you're building an app isn't as straightforward as you might think, and it varies massively depending on how you've structured your development project.

If you're working with employees, the law is pretty clear. In most cases, anything they create as part of their job belongs to the company. But when you're dealing with freelancers, contractors, or development agencies like us? That's where it gets murky. Without a proper contract, the person or company doing the actual coding might own the intellectual property—even if you paid for it.

Different Development Scenarios

I've seen clients get burned because they assumed paying for development meant they owned everything. Not always true! Here's how it typically breaks down:

• In-house employees: You own the IP they create during work hours
• Freelancers: They might own it unless your contract says otherwise
• Development agencies: Usually transfer ownership, but check your agreement
• Offshore teams: Can be complex due to different international laws
• Open source components: These come with their own licensing rules

The golden rule? Get everything in writing before any work starts. Your contract should explicitly state that all intellectual property transfers to you upon payment. Don't rely on verbal agreements or assumptions—I've seen too many startups discover they don't actually own their own app because of sloppy paperwork.

And here's something that catches people out: even if you own the main app code, third-party libraries and APIs come with their own licensing terms. Some are fine for commercial use, others aren't. Always check what your developers are building with.

Handling Potential Infringement Issues

Right, so you've done your research and found something that might be a problem. Don't panic—this happens more often than you'd think in app development. The key is understanding what you're actually dealing with before making any big decisions.

First things first: finding a similar patent or trademark doesn't automatically mean you're infringing. Patents are notoriously broad in how they're written, and what looks scary on paper might not actually apply to your specific implementation. I've seen clients abandon perfectly good ideas because they misunderstood the scope of existing IP protection.

Your Options When You Find Potential Conflicts

You've got several paths forward. You can redesign your feature to work differently—sometimes this actually leads to better solutions than your original idea. You might seek a licence from the patent holder, though this can get expensive quickly. Or you could challenge the validity of the existing patent if you believe its too broad or shouldn't have been granted in the first place.

The cost of dealing with IP issues early in development is always less than the cost of dealing with them after launch

Here's what I tell all my clients: document everything. Keep records of your development process, your research, and any decisions you make about potential IP conflicts. If something does come up later, having this paper trail can be incredibly valuable. And honestly? Sometimes the best approach is to proceed carefully while staying informed—many patents are never enforced, and some patent holders are more interested in licensing deals than legal battles.

Right, so we've covered quite a bit of ground here. From understanding what actually counts as protectable features to working with patent attorneys—and honestly, some of this stuff can feel overwhelming when you're just trying to build a great app. But here's the thing: doing your homework upfront saves you massive headaches (and legal bills) down the road.

I've seen too many developers get excited about their "unique" feature only to discover someone else filed a patent for it years ago. It's not fun, and it definitely isn't cheap to sort out later. The good news? Most feature overlaps aren't actually infringement issues—there's usually room for everyone if you approach things sensibly.

The key takeaway is this: don't let IP concerns paralyse your development process, but don't ignore them either. Do your searches, check the app stores, and if something feels risky or you're dealing with complex functionality, get proper legal advice. A few hundred pounds spent on a patent attorney consultation can save you thousands later.

And remember—most successful apps aren't built on one magical feature anyway. They succeed because they execute well, solve real problems, and create great user experiences. Instagram wasn't the first photo-sharing app, Spotify wasn't the first music streaming service. They just did it better than everyone else.

Focus on building something people actually want to use. Handle the IP side professionally, but don't let it stop you from creating. The mobile world needs more thoughtful, well-executed apps—not more people sitting on ideas because they're worried about patents.