Do you have a unique app idea with you? Are you scared of someone may steal your idea before you apply for it? Well, you do not have to worry at all as there is an intellectual property law which is about trademark, patent, and copyright law and helps protect mobile app vision too.
A lot of start-ups and entrepreneurs choose to patent their app ideas so that others cannot use, build or sell them. Patenting your exclusive app idea means protecting it from those who copy ideas in the marketplace. Well, to patent your app idea, it needs to be unique and new and should not be a replica of other apps.
Most entrepreneurs and start-ups want to know everything about patenting their mobile app idea before they go ahead with mobile app development services. One of the basic questions is how to patent a mobile application?
This blog would help you know about patenting your mobile app idea before you disclose it to a mobile application development firm if you have an exclusive idea.
What Does Patenting A Mobile App Idea Mean?
Putting it in simple words, a patent can be defined as the intellectual property law. This lawsuit helps :
- Safeguard your app ideas against illegal or non-consensual usage.
- Prevent other firms/individuals from modifying or selling init.
- Ensure that no one earns profits or destroys by making false claims to get the credit for your idea.
Can Your Mobile Idea Be Patented?
Certainly, a mobile app idea can be patented as it is a platform that facilitates different modes of communication. Well, you cannot patent the app code because it is covered under the law category enclosed by copyrights. So, you can simply patent the process of the app designed to perform a particular task.
Why Patent Your Mobile App Idea?
You should patent your mobile app idea to claim to be the owner of a original intellectual property. With an official patent, it becomes easy to seek compensation from anyone who tries to violate the current patent laws. Let us have a look at the primary reason why you should patent your app idea :
- It helps you legally claim every replica of your original app released before/in process.
- Having the patent proves legally that your app idea is original and unique.
- No clever strangers can destroy your mobile application idea to earn profits.
What Are The Eligibility Criteria For Patenting Mobile App Idea?
3 main aspects that determine the eligibility to patent a mobile app idea are listed below-
1. Needs To Be An Invention
Well, patents can be used to protect inventions. According to World Intellectual Property Organization(WIPO), patents are given to the invention that is described as a solution to resolve every issue.
As the mobile app idea is a digital entity and not a physical object, the app process is classified as an invention. However, the process should resolve every issue just like any other invention.
2. Your App Idea Needs To Be Fresh And Unique
Now, mobile app development idea you own resolves the issues faced by users, still, it doesn’t mean it is eligible and qualifies for the app patent. The app idea needs to be fresh and original too.
It means it shouldn’t be released earlier anywhere including books, articles, patent apps, YouTube videos, etc. So, it should be original and should not be present anywhere failing to which you will not be able to patent your app idea.
3. Your App Idea Must Qualify As Useful
If your app idea qualifies as useful, doesn’t mean that your app idea cannot fall under categories like entertainment, etc. It is just that your app must function in at least one category. It is to restrict people from patenting apps that aren’t helpful at all.
So, you need to present an elaborated and valid explanation of how your app functions to claim its ownership.
Is Your App Idea Patented Earlier or Not? How Can You Check?
Well, you are thinking about a mobile application patent for your idea, then you feel you have invented a new concept that may not be invented by anyone else in the world. But, this may not be the case.
When millions of start-ups and entrepreneurs are working to come up with unique app ideas, there are chances that others may have already registered the app idea that you are working on.
To clear the confusion, you need to check whether your app concept is patented or not. This can be done through extensive research through the list of pending and existing patents.
Steps To Consider To Patent Your App Idea?
Find and Register With A Lawyer Having Expertise In Software Patenting
If you want to present your patent effectively and boost the chances of getting your patent application selected, make sure you seek assistance from or hire a patent lawyer having experience in handling software patenting.
It is a completely legal procedure and may include risks. So, do not attempt to do it on your own. Simply hire a professional to do the job.
Present Your Mobile App Idea
It is not enough to have an app idea. Yes, you have to present either the documents for your app development process or the prototype of the app to be eligible to get patented. This is because courts would ask you for genuine proof of your invention before giving a patent for your app.
A prototype of your app can allow your lawyer to check the app's functionalities and procedures.
Practice Patent Search
Well, even after doing thorough research, it is better to hire an experienced patent lawyer to hunt for apps just like yours or having similar flows and functionalities. It would help you stay away from unexpected violations from different organizations. So, investing some money can ensure increased chances of obtaining approval.
File a Provisional/Non-Provisional Patent Application
The 2 types of patent applications available for your mobile app are
Provisional
The provisional application helps you file without declaration, data disclosure statement and formal patent claim. The application comes with interesting benefits like :
- Helps you include the phrase ‘Patent Pending’ for your app.
- Gives you 12 months to create an MVP for your app
- It is less expensive than non-provisional applications.
- Non-Provisional
Talking about non-provisional applications, the patent can be filed without a claim created in a conventional nation or with no app reference. You need to have written details along with a claim explaining the invention in legal terms.
Present your Patent Application
Now, this is the last step towards mobile app idea patenting. Once you carry out the other steps and draft a patent application, it is time to file it with USPTO.
Well, it is a cumbersome process and needs a lot of documentation. Some of the necessary documents that you need to submit are
- Declaration/Oath
- Specification
- Data Disclosure Statement
- Claims
- Drawings
- Entity Status Form
- Application Data Sheet
- Patent Cooperation Treaty
- Fee Sheet
- Application to Make Special
- Cover Sheet
How Much It Would Cost To Patent An App Idea?
Well, the costs of patenting a mobile app differ with the patent’s category. For example, it depends on whether you want to file under provisional patents application or non-provisional application.
On the other hand, non-provisional patents are expensive. Here the admin authority checks the patent application for a few years to check if it justifies a patent or not.
Conclusion
By now, you must have learned that patenting an app idea involves a lot of effort. Still, if you think your app idea can turn out to be an invention, then you should patent it. Whether you want to patent your mobile app idea or are not sure whether you should patent your app idea, X-Byte Enterprise Solutions can help you make informed decisions. We are a leading mobile app development company in usa that offers end-to-end mobile app development services that helps scale your business. Get in touch with us for patenting mobile app idea or avail our app development solutions.