From Prototype to Product: Legal Steps to Protect Your Tech

If you’re building a tech product in South Africa, especially as a startup or SME, the early stages can be thrilling but risky. You’ve got a prototype, maybe even a small user base, and now you’re thinking of launching. But before you go live, it’s important to make sure you’ve legally protected what you’re building. Your intellectual property is often your most valuable asset. If you don’t lock it down early, you could find yourself in messy disputes later or worse, watch someone else run with your idea.

The first thing to understand is that IP in tech doesn’t only mean patents. Most startups won’t even need a patent, especially if they’re building software. What you will need is to make sure your code, branding, content, and design are properly protected. Copyright covers the actual code and design. Trade marks protect your product or company name. If your tech solves a problem in a unique way, and you’ve built a process or tool around that, you might want to explore whether any part of it qualifies for patent protection. But patenting in South Africa is expensive and time consuming, so make sure it’s necessary before going down that road.

One of the biggest mistakes startups make is working with developers or freelancers without a written agreement. Just because you paid someone to build your platform or app doesn’t mean you automatically own the code. In law, the default position is that the person who creates the work owns the copyright unless there is a written agreement that says otherwise. So if your developer walks away, and you didn’t sign anything, you might not actually own your own product. A simple IP assignment clause in a freelancer contract can save you from this.

If you’re using open source tools or plug-ins in your build, take time to read the licence terms. Not all open source licences are the same. Some let you use the code freely even in commercial products, others come with restrictions. Some even require you to make your entire codebase open source if you use their tools. That might work for your business, or it might not. Know what you’re getting into before copying that code from GitHub.

When working in a team or with partners, make sure everyone is on the same page when it comes to who owns what. If you’ve been brainstorming with a co-founder or building features together, you need a co-founder agreement that deals with IP ownership. That way, if things go south or someone leaves, you’re not stuck trying to figure out who owns which part of the product.

Before launching to the public, it’s also a good idea to register your domain and trade mark your product or brand name. A name might seem small, but it becomes a huge part of your identity once people start using your product. If someone else registers your brand name first, you could lose the right to use it even if you were the one who came up with it.

Lastly, don’t just think about protecting your own IP. Be careful not to infringe on someone else’s. This includes using stock images, fonts, music or content you don’t have the rights to. It also includes cloning features or interfaces from other platforms without understanding if those are protected in some way.

Building tech is exciting, but skipping legal steps can come back to bite you. Protect your ideas, cover your relationships, and get the basics right before you scale. You don’t need to be a legal expert, but you do need to be intentional. If in doubt, chat to someone who can help you get your legal setup sorted early. It’s way cheaper than dealing with a legal fight later.

The StartUp Legal offers expert legal services tailored for SMEs, helping you secure a winning edge. For personalized support, book a complimentary consultation: https://calendar.app.google/thxigR9yhDAu4LP86 or email us at hello@thestartuplegal.co.za.