How to patent a mobile app idea?

Every business nowadays has a mobile application. It is essential to sell your products and services online and provide an exclusive platform to the users.

The mobile app owners often face issues of copying from their competitors. Getting your idea patented will help you in these issues, and you can safeguard your hard work legally.

Let’s learn further about how to patent a mobile app idea:

What do you mean by a patent?

Everyone knows the phrase “patent” if you want to start your enterprise. Also, the patent is an intellectual property to protect the idea of the app from non-consensual or illegal usage.

Also, it prevents individuals and companies from selling or changing it further, as the owner is the sole proprietor of the idea.

Also, the patented app will further ensure that no one can claim the app idea or think of ruining it.

Types of Patent Applications

Here are the two types of patent applications:

Provisional application

USPTO issued a PPA for the short provisional patent application to be filed before you file the formal patent application.

It protects your app idea from potential copying during the critical initial 12-month period while utilizing the term ‘Patent Pending’ before submitting the final non-provisional patent application.

Throughout this 12-month period, you have the opportunity to prepare and present the idea for the eventual patent application and assess its market viability through MVP development.

Non-provisional Application

It is directly opposite to the provisional application, which is complicated in the filing process.

Non-provisional applications allow you to file without relying on prior claims from a convention nation or any existing application references.

They must include a comprehensive set of claims and specifications, a written description of the invention and a legally defining claim.

Check Eligibility Criteria to Qualify for a Patent

Once you decide to get the idea of the mobile app patented and receive the assurance for the concept, you would like to know about the eligibility criteria. Here are the eligibility criteria for qualifying for the idea of a mobile app:

It should be an invention

• The patents are for protecting the invention. As the mobile app is never physical, the development procedure is also categorized as the invention. The process should fix all issues just like the invention.

The app idea should be new and unique

• In case the mobile app fixes any user issues, it never means to qualify for the patents. The application ideas should be new and quite unique. The idea of a mobile app should not be launched before, pending patented mobile apps, articles, books, YouTube videos, etc.
• The idea must be unique and should never exist in any term; otherwise, you can never patent it.

It will always be qualified as helpful

• To qualify as one of the useful apps, the idea of the application cannot be categorized in the Entertainment category. The app needs to perform in theory.

Also Read: 15 Best Programming Languages for Mobile App Development

How to Patent an App Idea in 6 Steps?

Here are the six steps to receive a patent for the app idea:

1. Select the type of patent you need

The owner needs to know the type of patent suitable for the mobile application. Here are the three types of patents that you can choose from:

• Plant patents: These patents are granted for the asexually reproduced patent that can be spread from cutting or plant parts other than the seeds. The plant patents are also awarded for 20 years.

• Design Patents: These patents are granted for 14-20 years. The design patents will cover the aesthetic aspects of the product.

• Utility Patents: These patents are provided for 14-20 years. The utility patent is the best type to get these patents for the mobile application. It will cover functional aspects of products or inventions.

2. Perform an In-Depth Patent Search

• Perform thorough research about the app idea to find out whether the app is patented and in the market. Conduct global research to avoid unanticipated infringement for other businesses. A similar patent or application will only enhance the chances of the patent being granted later.

3. File and prepare the patent application for the app

• On confirming the idea of the app, the owner starts the patent application procedure. The details that need to be provided are the application design, working of the app, complete app description, etc.
• Ensure that detailed information is provided about the app.

4. File non-provisional and provisional patents

• After providing all the details related to the application, it will be the right time to file the patent for the app. To get the patent, always apply along with the requisite application agencies like the United States Patent and Trademark Office (USPTO) in the United States.
• Completing the procedure can take a few years and many rounds of examination.

5. Promptly Addressing Office Actions

• On the completion of the payment for the patent application, the examiner should read the application.
• There are chances that the examiner issues the office actions in writing to explain further about the application. The request needs more changes or clarification of the submitted application.

6. App Patent Maintenance Fee

• If the patent application gets approval, the owner needs to provide regular maintenance for the app. They must pay annual or monthly fees to ensure the app patent is active.
• The procedure for getting through the patent for the app is quite time-consuming and complicated. You should hire a patent attorney to guide you in the patenting process.

Cost of Patenting An App

The price for patenting the mobile app will depend upon many factors such as invention complexity, patent type, attorney fees, patent search, invention complexity before maintenance, analysis, etc.

Apart from the same, the patent fees are distributed across many categories, such as:

• Patent Search
• Application Filing
• Publication and Issue
• Patent Examination
• Patient maintenance
• Patient appeal and trial
• Patient service cost

Considering the above list, the provisional patent application will cost approximately $ 5,000 and $2,000. On the contrary, the non-provisional patent will cost the app owners in the range of $15,000 to $10,000.

Why is Patenting Not for Every App Owner?

The patenting is not a suitable option for all app owners. Here are some of the reasons:

• Time and Cost intensive: Each step related to the patent, including searching, document preparation, filing, examination, and others, can be time-consuming and lengthy, resulting in increased costs.

• Uncertainty: Your application files will be approved after employing the patent documentation, filing, lawyers, and various other charges.

• Disclosure: Once you file the patent application, the idea of a mobile app becomes the public record. Along with it, the competitors can have access to the idea and then implement it.

• Enforcement challenges: Even if you have claimed the patent, enforcing it is challenging and expensive. Because of intricate and lengthy patent infringement lawsuits, the app owner choosing this path might encounter difficulties when it comes to enforcing their patent rights against third parties.

The Alternatives to App Patents

The App patents benefit you as the app owner. Still, you can find many alternatives too, which is inclusive of

• Copyright protection: Copyright protection falls under the category of intellectual property rights (IPR). It helps the owner protect their work’s originality, including creative content, computer programs, musical, literary, etc. On claiming the copyright for app graphics, ideas and code elements, you can prevent others from reproducing, copying and distributing the app without your permission.

• Trademark: The trademark is said to protect the app icons, logos, content, and other sources that can confuse clients. The patent will stop from reproducing or selling the invention further.

Conclusion

The above guide states how to patent the mobile app idea, including the following procedure. It will depend upon the requirements or whether you should patent a mobile app idea. The patents are achieved to protect the mobile apps from unconsented usage, and copying, for a term of 20 years.

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