To protect your app idea from copycats, patenting it is necessary. However, your app concept must be unique and original to be patentable. If your app idea is cloned from other applications, it will be a waste of time.
Before starting mobile app development, entrepreneurs and startups frequently ask, "How to patent a smartphone app". This article will provide a complete guide to patenting a mobile application idea before and discussing it with the app development team if you have an original idea.
A good idea is like a pearl in an ocean. It's hard to find but well worth the effort. Mobile applications are no exception to this rule. You need to be a disruptive app to attract more customers, as the market is increasingly competitive. It is normal to feel paranoid, and it is rightly so. Is there a way to prevent such a terrible fate? Yes.
People often ask the question, "Can I patent an idea for an app?". The answer is yes. Your project can be protected by having your mobile app patentable before it is officially disclosed in the marketplace and to potential investors.
We will now discuss the steps involved in patenting an idea for an application.
What is a Patent?
If you're interested in starting your own business, you must have heard of the term "patent". Patents are intellectual property that protects your app idea against illegal or non-consensual use.
It also prevents individuals and companies from selling or changing your app. A patented app will also ensure that no one can claim credit for your mobile app development idea in the wrong way or ruin it.
Why is Patenting Important?
It is a fact that all smartphone applications must be protected by legal protection. The official patent allows claimants to seek compensation in the event of a violation of current patent law. These are just a few of the many reasons how to patent an idea for an app.
- Your patentable app is the best proof of your originality and uniqueness.
- You can legally accuse any person or company who has submitted a cloned version of your original application if you find it.
- Any third party would not exploit your mobile app idea.
What Are the Different Types Of Patent Applications?
For patenting mobile apps, or the idea of building the app, many types of applications should be considered. This can be very beneficial in the long term. Below are the details on different types and forms for patent applications.
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Provisional Application
The provisional application process is the simplest and most popular way to file a pattern to protect your app idea or application. Provisional applications are common in many global economies. They are widely used to protect creativity and innovation. This application does not require any legal compliance. It is more informal and can be used to protect your mobile app or mobile app idea.
The claimant doesn't need to deal with legal implications or formalities, making this application extremely efficient and time-saving. The provisional application can be filed without any formal patent declaration claim or distributor statement. You have 12 months to fully develop the prototype. It also allows you to use the term "patent in progress" on your product. The provisional application is less expensive than other applications.
An application that is not provisional
Another type of application that protects mobile app ideas and applications is this. This is a complicated process. Let's say a person wants to patent their mobile app or application idea by filing a non-provisional request. This would mean they need to be well-versed in the fact that the method will require more legal formalities and complications before they can access the patent.
It is necessary to carefully compile a large number of legal complications. One error can lead to great pressure and disarray in obtaining a patent application. This type of application is more expensive than the provisional and takes longer. Claims and specifications should accompany this type of application. The non-provisional application for a patent should include all information regarding the invention or app idea and at least one claim that would legalize the app's ideas or application usage.
These questions will help you make the right choice when choosing the application type.
- How long can you delay the patent application examination cost?
- What speed do you need your patent application to be granted?
Offers custom software development services that can be used to help businesses determine the best type of patent protection.
How to Patent a Mobile App
This section will address one of the most frequently asked questions in affordable mobile app development: "How to patent an application?"
Locate and Register with a Patent Attorney
You must hire a software patent attorney to help you prepare a high-end, well-structured patent. This will increase your chances of getting your application selected.
It is important to hire professionals rather than try to do it yourself. Do your research, and don't just hire the first lawyer you find. Do your homework and find the best for your budget.
Read More: The Top Brilliant Mobile App Ideas for Startups to Explore
Mobile App Invention Disclosure
"Having an idea is half the work."
This quote continues. To prove the idea's feasibility (at least partly), one must make it a reality. This is a very important eligibility criterion.
The court will need tangible evidence of your intention to issue a patent for your application. You should document every step of the development process. To break down the flow of your application, you can also create a prototype.
This will be a tremendous help to your attorney in figuring out the flowchart for your application since it's not the code that gets patented but the app's functionality.
This allows you to see the different implications of your application within different industries. It also gives you a fresh perspective on how other mobile app elements might be patentable.
Practice Patent Search
Even if you've done your research, it is a good idea to find patent attorneys who can conduct a worldwide search of similar applications to yours or have similar flows or functionalities to avoid unanticipated infringement by top app development companies.
It is worth a little more to ensure that your patent is approved than starting from scratch. The USPTO website is a good place to start your research.
Filing a Provisional or Non-Provisional Patent Application
You can use two types of patent applications for your mobile application - non-provisional and provisional.
Non-provisional is the best option if you need your patent granted more quicker. If you're not in a hurry or need more time, you should submit a provisional application. It is never reviewed, unlike non-provisional.
Submit your Application
This is the last step in patenting an idea. After completing all the steps above and creating a patent application, you will need to file it with USPTO. Although this can be a lengthy process that requires a lot of paperwork and is tedious, it is worth the effort. Here are some important documents you might need during this process.
- Oath/Declaration
- Specification
- The formulation for Entity Status
- Information Disclosure Statement
- Application Data Sheet (ADS).
- Claims
- Optional: Patent Cooperation Treaty (for International Filings).
- Drawings
- (optional) Request to Make Special
- Fee Sheet
- Cover Sheet
How can you determine if your mobile app idea is eligible for patenting?
Some critical factors must be considered when determining whether a mobile application patent is eligible.
1. Your app idea should be unique and brand new
Before developing an app, ensure that it is viable in the marketplace. Your app must solve users' problems before it is eligible for a patent. Your app should be original and unique. It shouldn't be copied from anywhere else. You should not publicize your app idea, including a book, website, article or document.
2. To be useful, your app must meet certain requirements
Your patent must be deemed useful. Your app must perform both theoretically and practically. It is difficult to obtain a patent if your app isn't useful enough.
3. It should be more of an invention
Patents can be granted when the idea solves any problem. According to the World Intellectual Property Organization, patents are best used for protecting inventions.
We have now covered the steps required to patent an idea and the eligibility criteria. Let's now discuss the requirements for patenting an application.
What are the requirements for patenting a mobile app?
These three criteria are the most important in every country. These are the same criteria used to decide how to patent an application.
- This is the first thing you need to tick off the list. Patenting an app idea is not enough. You cannot patent an app idea without describing all details and documentation.
Take, for example, the mobile app patent case of Alice Corp. against CLS Bank International. The supreme court 2014 initiated a two-step analysis.
First, we had to verify that the patent claim included an abstract idea, such as a method or algorithm. If it did, the procedure would be moved to the next stage. The claim was considered patentable subject to the two other criteria if it did not.
The court needed to determine if the patent claim added anything to the abstract idea beyond what was already known. This could be called an "inventive idea". It would be invalidated if it was negative.
- The second criterion for obtaining a patent on an app is whether the invention (or application, as you will call it) is new (as in, novel). This means that the application must contain something substantial unique, and different. Angelo Firenze said it best:
You must ensure that others do not already patent your idea to avoid having your application for a patent rejected and possibly being subject to infringement. So, do your research. For more information, you can visit the USPTO website and Google patents.
- The third and most difficult criterion is that the app must not be obvious. Your project won't be approved if it merely integrates or amalgamates pre-existing technologies without displaying unique traits or functionality.
The Benefits of Patenting an Application
You should now be familiar with the intricacies of patenting a mobile application. Let's now discuss the main benefits of patenting a mobile app.
Competitive Advantage
Innovation and creativity are two main factors in the app industry's success. Filing an app patent application or idea can prevent others from entering the market before yours. You can apply for a provisional app patent.
Technically, your app can be labelled "patent pending". These professional patents will include the original filing date. This ensures that no other business can copy your app idea without your permission.
Digital Asset Protection
Patenting your mobile app will protect any digital assets you have created or those still being developed. Patenting also allows you to receive damages, grievances and compensations in case of an imitation or infringement.
Read More: 5 Tips To Protect Your App Idea
When should you patent your app or idea?
Patents are granted only to the first person to file them, not to the inventor. Suppose you have an innovative, world-changing app or app idea. In that case, it is time to quickly file for a provisional or non-provisional patent application.
Let's look at some conditions to clarify:
- Your app must be 100% original and ready to go.
- You should have funds for intellectual property protection and a separate fund to support app development.
- Once you have a prototype, your development team has already begun working on the MVP.
You can apply for a patent if you have all the requirements.
Why should you not patent your app or idea?
A patent is only granted to applications that are original and not copied by other similar apps in functionality or features.
Here are some situations or conditions in that you shouldn't patent your app.
- If your application is technically ready, it is a recombinant invention that shares the source code of an open-source software program.
- If your app is an advanced version of any existing product.
- Your app idea is still in validation, and your team is working to determine your app's legal, financial, and technical feasibility.
- You are ready to move into the development phase if your app idea has been validated.
How Long Does It Take to Patent a Mobile App?
After discussing the cost of app patents and how to obtain one, it is time to examine the time required to complete the process.
Most applications are rejected, and resubmissions are made over and over. The circumstances can make this back-and-forth process take up to four to six years, depending on how long it takes. It took Mark Zuckerberg 6 years to obtain a patent for Facebook, which was granted in 2012.
Why is patenting not for every app owner?
Although patenting may seem essential, it is not necessary for all applications. When considering patenting a mobile app, let's examine some issues you must be aware of.
1. Patents Block Crucial Resources
Startups must know the potential blocking effects patents can have on the company and personal resources. These include
- Cost - Patent filings cost an average of $30,000 over three to five years. These legal costs, combined with the startup's financial problems, can put them in the red zone of the Profit and Loss statements.
- Time - The process of obtaining a patent can take a lot of time. It often takes several months or even years. This bandwidth allocation takes a lot of time and energy that is not needed to execute an app idea.
2. The Protection is Not Assured
Patent violation cases are extremely specific. This means that even the most strict agreement may not be able to provide you with the protection you need at the time of the violation. Many brands face issues with rip-offs, making the app appear new. A patent won't be able to help those cases.
3. Companies tend to adapt their original ideas to perfection.
Startups will naturally change their goals and ideas. The problem is patents tend to only protect the first level of inventions. Not the subsequent iterations. Startups would need to file for patents each time they change or pivot.
Alternatives to App Patents
1. Copyright
The debate over mobile app copyright and patents is a long-standing one. Copyright, like patents, is a type of IPR. However, it is a bit different. How to copyright an app idea? It is about the collection rights to the author or inventor of any work. This includes allowing them to reproduce or publish their work, make derivatives and so on, regardless of whether it has been published.
It covers the expression of ideas, not the idea. In our example, you can copyright the app idea and logo but not the app itself. It does not cover facts or ideas, systems or methods of operation.
2. Trademark
Patents prevent others from selling or making the invention protected. However, trademarks protect words, phrases and symbols that identify the originator of the goods or services, as well as logos or other devices. You can apply for a trademark to stop others from using your logo and create confusion among users.
3. NDA (Non-Disclosure Agreements).
The NDA is a document signed by all entities involved in your project. It is usually between you and your mobile app development company. This legally binds them to keep your app idea and technicalities secret. This protects the idea against being misused by others.
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Final Note
You can patent mobile apps (not just an idea; you should have tangible proof of the project). Your needs will also play a role in deciding when and how you will patent your mobile app. App patent protection is an important way to protect your intellectual property.
You must realize that patenting an idea for an app requires hard work. If you are confident in your app idea and believe it can be made into an invention, patent it. Although the process is more difficult than dealing with cloned apps that steal your ideas and violate them, it's much easier than defending against a lawsuit for patent infringement.
