How you can patent your app idea ?
Assume you came up with a brilliant concept for a mobile app that has the potential to revolutionize the internet and advance humankind. You deserve all the tremendous credit for your idea, but only you and your close friends are aware of it.
Why not? Your app idea is copied by someone else, who produces it first and gains the fame you believe you deserve. The PATENT, which is the intellectual property law, can help you in this situation! However, there are a few crucial facts about the patent that you should be aware of before you begin your brainstorming.
Only 382,559 patents were issued out of the 646,855 patent applications that were submitted to the USPTO (United States Patent and Trademark Office) in FY22, according to a Lexology analysis. From those, approximately 56% of patent grants were made to foreign corporations, including SAMSUNG with 6248, and IBM with 4398 U.S. patents.
Furthermore, since patenting a mobile app idea protects from imitation and a host of other advantages, it is clear that the notion is taken seriously. As a result, "How to patent a mobile app" is one of the most common queries startups and business owners have before beginning to build mobile apps.
Here, we'll go over the complete method of patenting a mobile app idea, which will get you ready to submit your patent application with confidence.
So let's begin with...
How Does Patenting a Mobile App Idea Work?
In essence, a patent protects your mobile app ideas against unauthorized or unpermitted use as a kind of intellectual property protection. It safeguards your app ideas and forbids others from altering or commercializing them because you are the lawful proprietor of that app idea.
In the end, patenting your mobile app idea ensures that no one obtains money or suffers loss by claiming fraudulent credit for your work.
What are the Various Patent Application Types?
As a subtype of intellectual property rights, patents have a variety of subtypes, which we'll discuss in this section.
Provisional Application
An interim application, known as a provisional patent application (PPA), should be submitted before a full patent application. Before the final non-provisional patent application submission, the phrase "Patent Pending" protects your app idea from being imitated during the vital initial 12-month period.
You have 12 full months to develop your idea, propose it for the final patent application, assess the market viability, and refine it.
Your product's design, purpose, and other details can be explained in ten or fewer pages of documentation.
Please remember that this patent application cannot be referred to as a definitive patent because it is provisional.
The fact that it is less expensive than applying for a full patent directly is the main advantage you receive from it. Additionally, a patent attorney may not be necessary.
In addition to being advantageous, it also calls into question the short duration of protection, lack of merit-based review, and restriction against filing it before finishing the design invention.
The following information should be included in a provisional patent application:
Details about the home of the inventor
Attorney information and the invention's title
No. of the docket
Contact information
Identified U.S. government agency (when submitting for the U.S. area only through the USPTO)
You should be aware that over 90% of utility patent applications in the United States have been granted. And the inventions covered by these patents must be fresh, enhanced, and practical.
Non-provisional Application
In terms of length, complexity, and filing procedures, it is, as its name implies, the exact opposite of a provisional patent application.
Non-provisional applications allow you to apply without making any reference to an application that was submitted in a convention country or without referencing any applications that are mentioned in the procedure. A complete claim and details must go along with it. The written description of the invention as well as a legally binding claim must be included.
A non-provisional patent also has a lot of formal requirements that must be met; failing to do so could result in problems for you. Still, the hassle is worthwhile.
Can Your Mobile App Idea Be Patented?
Yes, you read that correctly. You can patent your apps and app concepts as long as they satisfy the eligibility requirements for uniqueness. Please be aware, though, that since the app code is covered by copyrights, it cannot be patented. On the plus side, you can patent the way the app goes about carrying out a certain task.
You can determine that by posing a few queries, like:
What's novel about it?
Is it not clear?
Are there technological implementation and support for your idea?
Does your concept fit the criteria for mobile app patent eligibility?
Non-provisional patent applications are issued into valid claims, as opposed to provisional patent applications. The process of submitting your utility patent for review and granting by the USPTO can even be referred to as a procedure. So, it's commonly referred to as a "regular" utility patent application.
What are the requirements to be eligible for a patent?
You want to learn more about the eligibility requirements when you ultimately decide to patent your mobile app idea and receive the confidence that you can do so. Let's now look at the requirements to qualify your mobile app idea for patent protection:
It Has to Be A Creation
Patents are used to protect innovations. They are given an invention that, according to WIPO (the World Intellectual Property Organisation), is described as a fix for every problem.
The creation of a mobile app is considered an invention because the idea is not a tangible object. But just like any invention, the process ought to resolve all problems.
Your application idea ought to be new and unique.
Your mobile app idea may solve user problems, but that does not automatically make it eligible for patent protection. Your application concept must be fresh and innovative.
Your mobile app concept shouldn't have been introduced earlier and should have avoided citing pending patent applications, books, articles, YouTube videos, and other sources. It must be original and unrelated to any other thing; otherwise, you cannot patent it.
It Must Be Considered Useful
Your application thought doesn't have to fall inside the diversion or one more comparable region to qualify as a supportive application. In theory, all that is required of your software is that it work. This denial keeps individuals from licensing these pointless applications.
Therefore, if you want to identify your program as an asset, you must create a thorough and specific description of how it works.
Mobile App Idea Types That Are Patentable
You should be aware that not all original ideas are eligible for patent protection before thinking about trying to patent a mobile app idea. So let's look at some patentable mobile app ideas:
Apps for mobile gaming
If your mobile game uses unique gameplay mechanics, styles, and concepts that have never been done before, you may qualify for a patent.
VR/AR-based Apps
The use of AR and VR in mobile app development has established a strong foothold in the online world. Therefore, games that use augmented reality or virtual reality and have innovative techniques to immerse players in their world can qualify for a patent.
medical applications
Healthcare and medical applications require a lot of creativity, but you also need to make sure they're helpful and will benefit the industry as a whole.
IoT Applications
Your IoT and embedded mobile app that provides cutting-edge controls, monitoring, data collection, processing, or any other item, can bring the newest type of integrated IoT system to life automating and assisting in our chores.
Social Media Applications
There are several social media applications available right now, and there has been a lot of discussion about Threads vs. Twitter, a conversational social media app, as a result of their many conceptual similarities. Additionally, patenting can be a smart and acceptable concept if you have a unique social networking software idea that you don't want others to steal and use to create the next big social media company.
Business Apps
Your entire business depends on this form of personalized mobile app more than any other. You've discovered an incredible mobile app solution that will increase your company's efficiency and enable you to automate a lot of your tedious activities.
You don't want any of your rivals to steal this concept. Therefore, filing a patent is your best bet for safeguarding your enterprise app and productivity.
Apps for education and learning
It's significant to remember that not all mobile eLearning apps qualify for patent protection. Simple information and gamification components cannot be found in a proposal for an eLearning app that is perfect for the patent. It should use original strategies and components to impart knowledge to consumers for them to qualify for patent security.
Why Should an App Idea Be Patented?
You can gain a lot from patenting your mobile app and mobile app ideas, including the following:
Competitive Benefit
Creativity, which is generally regarded as a success factor in the app sector, is succeeded by innovation. And because you were the first to implement that innovation—which is what we refer to as the invention—you now have the competitive advantage of having a patent protecting it. Additionally, it will assist in getting competitors to copy it and enter the market ahead of you.
Starting with a concept, deciding it merits a patent, and then actually applying for one, the process begins by claiming a provisional patent with the designation "patent pending."
Protection of digital assets
Even if it is still in development, you can use a provisional patent to safeguard your digital asset. Once you have received full patent protection, you may be eligible for benefits like payment for losses, complaints, infringement, and more.
Market Benefits
You may set your innovative mobile app out from the competition and develop a distinctive selling proposition. By taking advantage of this chance, you can entice financiers, business associates, and even clients to use your services.
License Possibility
With patent protection, you can even grant licenses in the names of organizations or specific people. It permits them to utilize your mobile app concept in exchange for royalties or licensing payments. Therefore, you can use this licensing potential as a source of additional income.
How Can You Find Out If Your App Idea Has Been Patented or Not?
It's time to assess the originality of your mobile app idea now that you've reviewed the requirements and advantages of obtaining a patent. You begin your entire search for the registered patent with:
Investigating a patent database
You can search for existing patents in the databases of four larger organizations that approve patents. These are the organizations:
Google Patents
World Intellectual Property Organization (WIPO)
United States Patent and Trademark Office (USPTO)
European Patent Office (EPO)
Keyword Lookup
Here, you must succinctly describe your mobile app concept while utilizing the appropriate keyword. Using "AI-powered Hotel Management Software" as an illustration, describe your software concept for the hotel industry.
Specific features, capabilities, and technological advancements that best represent your mobile app can be included in your search term.
Categories and Classifications
This functionality might or might not be present in every patent search database. However, if it's available, it aids in narrowing your search so you can quickly find the search results you were looking for.
The Boolean Operators
They referred to this capability as Default Operator in some directories, such as USPTO. You can restrict your search results using the following operators: AND, OR, NOT, ADJ, NEAR, SAME, and WITH.
Release Dates
You can look for publication dates of issued patents and published patent applications in the search results once you've received them. Knowing which patents still need approval will be useful.
Talk to a Professional
Considering that you are new to the world of patent filing, it is only natural that you would look for novel and difficult tasks to do. Your mobile app developers and patent attorneys can be of assistance to you in such circumstances.
When should you submit your mobile app patent application?
The more possibilities you have to win a patent, the earlier you file one to protect your invention. so that when you have:
A completely original software concept that is virtually finished and prepared for release.
enough money set aside to defend intellectual property.
To move on with the MVP development, bring the prototype and app development team on board.
Then take into account when it is appropriate to file for a patent.
When is it appropriate to revoke your mobile app patent?
You are now aware that app concepts that are innovative, distinctive, practical, and overall eligible for filing for patents. But do you know when it would be best to postpone filing for a patent?
Here are a few situations where you should delay and forego filing your patent application:
when the code used to implement your app idea is open source but it otherwise meets all requirements for patent eligibility.
when your app updates an existing app idea rather than creating something altogether new.
When you have a restricted budget for future app testing, marketing, and patent maintenance your idea satisfies all requirements for patent eligibility.
Avoid filing a patent for your mobile app or app idea in such circumstances.
How Can an App Idea Be Patented?
The fundamental steps you should take to learn how to patent an app idea are listed below:
Decide on the patent category for your mobile app.
You already have the concept for your mobile app, but you can also patent specific elements of it. You can submit one of the following two types of patents for your mobile app idea:
Useful Patents
A utility patent primarily focuses on safeguarding the functional aspects of your ideas, such as special mechanics, methods, advancements, and technicalities. You can apply for utility patents for novel elements in the niche of mobile apps, such as algorithms, processes, features and functionalities, data structures, hardware integrations, etc.
Patents on designs
It is also possible to patent the distinctiveness of UI/UX and logo designs for mobile apps to safeguard an invention's outward look.
Conduct thorough research on mobile app patents.
The significant choice you have made is to patent your original innovation. To identify similar patents that have already been registered, understand how to file them, and take other actions related to the same, extensive study is needed.
Locate and file a patent with a lawyer
You should speak with and hire a patent attorney who specializes in software patenting if you want to submit a precisely created top-notch patent and increase the likelihood that your patent application will be accepted.
Given that it is a legal procedure, litigation may be involved. It is therefore advisable to take an analytical approach and appoint a specialist to handle this legal situation.
Prepare the necessary paperwork for your mobile app patent filing.
You may start putting together the necessary papers for a patent submission once you have determined whether your mobile app idea qualifies for one.
You should look into it even if it's a time-consuming process that requires tonnes of paperwork. The following information should be in your patent application:
Specification
Oath or declaration of your invention
Data Disclosure Proclamation
Form for Entity Status
Claims
Data Sheet for Applications
Drawings
International filings and the Optional Patent Cooperation Treaty
Cover Page
Cost Sheet
Request for Special Treatment (Optional)
Apply for a Patent, Provisionally or Non-Provisionally
In light of your needs, it is the most important choice you must make. Consider getting a provisional patent if you want some extra time to work on your innovation and are willing to pay a little more money.
In other cases, you should choose a non-provisional patent if you are sure of your idea and have everything prepared.
Given what you've read about the two patent applications, you may know which one you want to pursue. To get your patent application approved, you might have to choose to go through more than one round of trials, but both have their advantages.
You can look out for the patent cost structure on the websites of the local patent offices in the nation where you intend to register your idea.
Be Receptive to the Comments of the Patent Officer
You must continually monitor the status of your patent application after filing it to see if any actions have been taken. Examiners may occasionally request more details or revisions to the invention information you submitted when reviewing your patent application.
You should be prompt in responding to such inquiries to create a favorable picture of your intention to accept this invention.
Be dependable with your patent maintenance payments.
Your patent must be maintained after it has been granted for it to continue to have legal force. A patent's maintenance can be difficult and time-consuming. Therefore, it is wise to hire a specialist to manage patents.
What Is the Cost to Patent a Mobile Application?
The price of patenting an app for a mobile device can vary based on several elements, including the type of patent, the complexity of the invention, the geographic area of protection, legal expenses, patent office fees, patent search, prior art analysis, maintenance, and more.
In addition, your patent costs are split up into many categories, including:
application submission;
Search for patents
inspection of patents;
release and issue;
maintenance of a patent
Miscellaneous;
Post-issuance;
Trial and appeal for patents;
a patent request
fees for patent service;
A lot more, including patent enrolment.
Taking everything into account, you may estimate the cost of your provisional patent application at $2000 to $5000. A non-provisional patent, on the other hand, can cost you between $10,000 and $15,000.
As a result, an administrative body examines your patent application over the years to determine if it merits a patent or not.
Why Isn't Every App Owner Interested in Patenting?
For the following reasons, patenting may not be a viable choice for every app owner:
Costly and time-consuming
Every step involved in a patent application, including searching, compiling documents, filing, and scrutinizing, can be drawn out and time- and money-intensive. No one can afford it because of the restriction on these crucial resources, time, and money.
Uncertainty
There is no assurance that your application will be accepted even after spending that much on hiring a patent attorney, patent papers, filing fees, and other costs.
Disclosure
Your mobile app idea becomes public knowledge once you submit a patent application. And even if it's not allowed, your competitor can use it to access your concept and apply it.
Enforcement Issues
It can be challenging and expensive to enforce a patent even after it has been claimed. The app owner choosing this option may find it difficult to enforce their intellectual rights against third parties due to complicated and drawn-out patent infringement lawsuits.
What Alternatives Exist to Application Patents?
As an app owner, app patents do have some advantages, but there are also other options that provide comparable protection, such as:
Copyright
Copyright defenses are a type of IPR. It safeguards the ownership of original works of art, literature, music, computer programs, and other forms of creative expression. You can stop someone from copying, sharing, or recreating your app without your consent once you secure the copyright to the idea, code, and visual components.
We should be aware that it only protects the method used to develop the concept. As a result, in the case of a mobile app, you can only assert copyright for the app's concept and logo, not the full app. The primary cause is that your app does not address concepts, information, operational techniques, or systems.
Trademark
A trademark guards against unauthorized use of an inventor's app content, logos, icons, and other sources, which could confuse users, in contrast to a patent, which prevents others from selling or duplicating their innovation.
Contract for Confidentiality (NDA)
You can draft an NDA and have your partner in mobile app development sign it as a form of IPR agreement. It prevents them from revealing your identity or other details about your project.
In other words, an NDA obligates your business partners to keep your project's specifics private and shields them against copycats.
