A couple years ago I wanted to publish an iPhone app under a business name but I was a solo developer with no clue about the legal aspects of starting a business. In the end what worked best for me was registering a DBA / Fictitious Business Name, which for a modest fee and a trip to downtown allowed me to pick a business name to use in the app store.

If you go the single member LLC route (which I found in my case was overkill), note that California has an $800 minimum tax. If you register in Delaware and want to do business in your local state (e.g. open a bank account), you'll probably have to register as a foreign corporation and pay any applicable local taxes in addition to Delaware's fees.

Thank you. I think a fictitious business name may be the best route for me, I don't know if I want to throw the cash at creating an entity if there isn't a clearly defined benefit.

I was always under the assumption that you should incorporate, if only to avoid (some?) financial risk if Patent Troll Company #981271 comes forward with a "Method or Apparatus for [whatever your app does]" patent and sues you for $bajillions$

Thanks. That's the impression I'm under as well and there will be a small risk of litigation that I've already recognized.

The problem with incorporating is that I've heard that the legal shielding properties of corporate (or llc) status are not that protective for sole-proprietors and that the company's liability is still the owner's liability.

Depends on how big the potential judgement is. If you are looking at small numbers, then nobody is going to go through the work to prove you personally liable unless you really screwed up and made it easy. If you are looking at 10 million dollar judgements... if this is a risk buy liability insurance.

(IANAL, tho)

I would publish the app first and see what the returns are like, before I worry about incorporation.."A compelling product with no direct competition" , usually means the product is not-quite-so-compelling