Can you patent an app

But, you might have question about can you patent an app? There are lots of startups and entrepreneurs, who believe in getting patent an app idea to exclude others from making, using, or selling it. Patenting an app idea is important to protect from marketplace copycats, who might steal it.

But make sure that your app idea must be new and novel to be subject to patent law. It should not be a clone of other apps. To understand how to patent an app idea, we have mentioned essential questions below, please check. A patent is a form of intellectual property law and will prevent your ideas from being used without your consent. It endows you with the exclusive right to exclude others from developing or selling your idea. It will give you the assurance that no one will infringe on your idea and claim it as his or her.

In the U. However, Apple did not acquire a patent for its idea that led it to decide in favor of Microsoft. Can you patent an idea for an app? If you want a short answer, then Yes! It is possible to patent a mobile application idea because it is one component with different methods of interaction. So, it is possible to patent the method or process of the application that it follows to perform a particular action. In short, the application is what that makes your device or smartphone function in a particular manner.

Additionally, prior to filing an app pattern, it is essential for you to know that your app idea should come under a unique category. Obviously, your app idea should not be similar or align with any other app. A user with average skill and knowledge should not be able to replicate that same app idea. For example, Calculator, Chess are some of the examples of common mobile app ideas. What are the requirements to qualify for a patent?

Generally, the eligibility is determined to patent a mobile app. Here are those 3 key points that qualify your application for patent:. Generally, patents are used to protect inventions. As we know that the app idea is not a physical object, so the process of the app is categorized as a mobile app invention. However, it is essential that just like any invention, the process must resolve any problem.

It is a must that your app idea is new and non-obvious. In simple words, your app idea has not been disclosed earlier in a public format, including books, pending patent applications, articles, YouTube videos, and other sources. Last but not least, your patent must be qualified as useful. It means that your application must work at least in theory. It is the restriction that prevents people from patenting such applications that are not as useful as it should be.

So, it requires you to develop a concrete and detailed explanation like how your application works to claim ownership over it. To check whether your app idea is already granted to someone else or not, start looking into the existing and any pending patent app idea. If you find any difficulty in searching for existing published and pending patents, you can make use of a step-by-step video guide on how to conduct searches.

When should I file for a patent? Today, mobile app patents idea is not granted to the person, who is first to invent it, but it is granted to the one, who is first to file patent against it.

It is one of the main reasons, why many entrepreneurs and startups prefer filing a provisional app before publicly disclosing important details. You might find a lot of patent attorneys, who advise to patent a mobile app idea before discussing it with any potential investors. Even if you have signed a non-disclosure agreement, you can prepare yourself to file fast.

Practice patent search Though you have done your homework, it is always advised to hire patent attorneys that conduct a worldwide search for applications similar to yours or have similar functionalities or flows, to avoid any unanticipated infringement from other companies. File a provisional or non-provisional patent application There are two types of patent applications that you can use as your patent application for your mobile app — provisional and non-provisional patent applications.

In order to choose one, as you must, you need to ask two questions — How fast do you want your patent granted? How long do you want to delay patent examination costs? Here is an illustration to clear the picture in your mind — 5. Submit your application This is the final step to patent an idea. What are the Requirements for Patenting a Mobile App? This is the first criterion that you should tick off on the list.

You cannot just patent an app idea. So, when filing a patent for an app, you have to mention all the important details and documentation of your project, from its code to the flow and functioning of the application, in favor of the fact that it is practical and useful. The second criterion of how to get a patent for an app is to know whether the invention application as you will is novel as in new or not. It means the application should have something that is substantially unique and different.

In the words of Angelo Firenze — So, you need to make sure that your idea has not been patented before by anyone, lest your request for a patent would be rejected and you might be subjected to infringement. The third criterion, and rather the difficult one, is that the mobile app should be non-obvious. Meaning, your project will not get sanctioned if it is just the integration or amalgamation of, but slightly modified, pre-existing technologies without possessing any unique trait or functionality.

Why Patenting is Not for Every App Owner While patenting is made to seem extremely necessary, it is not for every application. Patents tend to block crucial resources Startups must be aware of the blocking effects that patents carry on the personal and company resources. This added to the legal costs can cripple the startups financially, bringing it under the red zone in the Profit and Loss statements.

Time — the process of obtaining a patent takes up a lot of time which often ranges from several months to even years. Allocating this bandwidth calls for a considerable time and energy away from the app idea execution. The protection is not assured The patent violation instances are very specific. Companies tend to pivot their original ideas to perfection It is very natural for a startup to change their goal and ideas.

Copyright Mobile app copyright or patent is an age old debate. Trademark Patents prohibit others from making or selling the protected invention, whereas a trademark protects words, phrases, symbols, logos, or other devices that are a source to identify the goods or services of the originator, preventing other competitors from using them. NDA Non-Disclosure Agreements The NDA is a document which is signed by the entities you work with on your project, generally between you and your mobile app development company.

What Do Appinventiv Recommends? FAQs Q. Do you have to patent an app? It totally depends on your needs. But it is advisable to patent your app idea to safeguard your app against copying, unconsented usage, and more. What are the requirements to qualify for a patent? The three key points that qualify your application for patent are: It has to be an invention App idea must be unique and new It must be qualified as unusual Q.

How much time does it take to get the app idea patent? Generally, it takes years to get the app idea patent. The patent application starts with the examination process and is broken down into different factors, such as specification, claims, abstract, and drawings.

How much does it cost to patent an app idea? How to know if your app idea is already patented or not? You can check this by easily logging into the USPTO website and searching appropriate keywords for all patents filed. Final Note To conclude, yes, you can patent mobile applications not just an idea, there should be tangible proof of the project.

Shivam Srivastava. Let's connect! In search for strategic sessions?. You have a vision. Apps are different from a widget or a t-shirt in that they only function within another invention—the mobile device. But that doesn't mean they can't meet the requirements for acquiring a patent. The short answer is yes. Apps can be patented , though they must meet the same criteria of novelty that other products are judged by.

Is the new part of it tied to some sort of technical implementation? If the answer is yes, then it may be eligible for a patent. By "not obvious," Gaudry means that the app must meet the standard of " non-obviousness ," which dictates that the product seeking a patent be different enough from similar existing products that a person with average skill and knowledge in the area would not be able to conceive of or make the product themselves easily. Mobile devices have specific features that can help bring uniqueness and non-obviousness to a mobile app.

Mobile apps can leverage digital tools like sensors, GPS receivers, and accelerometers to collect data that can be used in novel ways. One major eligibility requirement for a patent is that the same invention hasn't been patented before. When you apply to patent your mobile app, the U.

You can do your own legwork on that matter by conducting a patent search before you apply. But be aware that the patent search process is more complicated than it sounds. The USPTO recommends a seven-step process and advises engaging a patent attorney or agent if you aren't experienced in conducting patent searches.

To make the process faster and easier, there are online options to aid in this search. Keep in mind that obtaining a patent does not necessarily prevent another company from bringing a lawsuit for patent infringement. Exactly when an app creator should apply for a patent is a "tricky question," according to Gaudry. The answer depends on various factors, including business scope, how creative and forward-thinking the creator is, and what's important to the company. For example, are prospective investors pushing to see the patent?

Do you need it for a potential acquisition? Are you trying to protect your idea in a very fast-moving space? You can apply for a patent quite early in the invention process, as soon as you have a detailed understanding of how the invention will work. Ask yourself whether you know how you will code it, what type of data you'll use, and what type of results you expect.