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  • #982393
    Jenn75
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    Hey all, I’m Jenn! :D

    So I’ve been working towards building my web development and will hopefully soon register it as a “company”. I have several years experience and love creating projects.

    My thoughts are, if I were to register as a web development company it would be to build websites for clients and I can see how that will be ok business-wise. But if I decide that I want to create a product, or a “software-as-a-service”, do I need to do anything special with it legally? Do I need to patent the idea or trademark it or register it as a company or? Regardless if it makes money or not?

    Looking forward to your thoughts.

    Cheers

    #1136581
    Jenn75
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    Re: Advice on sub-products

    Jenn75, post: 155588 wrote:
    Hey all, I’m Jenn! :D

    So I’ve been working towards building my web development and will hopefully soon register it as a “company”. I have several years experience and love creating projects.

    My thoughts are, if I were to register as a web development company it would be to build websites for clients and I can see how that will be ok business-wise. But if I decide that I want to create a product, or a “software-as-a-service”, do I need to do anything special with it legally? Do I need to patent the idea or trademark it or register it as a company or? Regardless if it makes money or not?

    Looking forward to your thoughts.

    Cheers

    Oopps.. Sorry wrong section :(

    #1136582
    Anonymous
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    Hi Jenn75,

    I’ve moved your post for you – I think this is the better spot for it.

    All the best,
    Jayne

    #1136583
    JacquiPryor
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    Hi Jenn75,

    Do I need to patent the idea or trademark it or register it as a company or?

    The ‘helpful’ answer – yes, perhaps you do :)

    To elaborate – if you come up with a new/original piece of software, it might actually be covered by copyright. Copyright is automatic – no registration and no fee applies to make sure it’s yours. If you are the original author/creator, then you own it. The Copyright Council in Australia has a fact sheet available on this – go to http://www.copyright.org.au/find-an-answer/browse-by-a-z/, scroll down to “S” for software/apps.

    A patent is the protection given to a device, substance, method or process that is new, inventive and useful. By new this means you can’t have disclosed/released/promoted it – and – it cannot have been published by anyone anywhere in the world. SO, if you have something you believe to be a patent you should get advice before telling anyone about it. As noted though, software would generally be covered by copyright. A patent might be referred to as an ‘invention’, or, described as a solution to a problem.

    A trademark is more the brand you might give your product, service or software. It is a distinct sign you apply to goods/services to distinguish them from other people’s. So, something like “web development software” wouldn’t be a trademark, as it purely describing the product rather than ‘branding’ it as yours and identifying it as belonging to you/your company. A distinctive and catchy name should be protected through trademark registration. (Note: you do not have to register patents or trademarks but by not doing so your rights in the invention or brand are limited. Trademarks though can be filed at any time, they don’t have to be ‘new’ in the same way patents do.)

    I hope the above helps and please feel free to get in touch if you have any questions.

    All the best, Jacqui

    #1136584
    Jenn75
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    got it! thanks Jacqui!

    #1136585
    Shelcom
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    Jenn75, post: 155588 wrote:
    My thoughts are, if I were to register as a web development company it would be to build websites for clients and I can see how that will be ok business-wise. But if I decide that I want to create a product, or a “software-as-a-service”, do I need to do anything special with it legally? Do I need to patent the idea or trademark it or register it as a company or? Regardless if it makes money or not?

    Cheers

    Hi Jenn,
    If you are operating as a company and you develop a product you will not need to set up a separate company for that product/service. It will fit under the umbrella company. You may want to split the product off and trade under a different name, in which case you can just register the new trading name, but under the company A.B.N. So to illustrate, it would be Jen Pty. Ldt. as the parent company trading as Software-as-a-service (business name). In terms of trademarks or patents Jacqui has done a great job explaining as always.

    Make sure you seek advice from a lawyer or accountant. They can give you advice based on your specific circumstances.

    Good Luck!

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