All the information you need to patent an idea for an application

Despite the abundance of available mobile apps, innovative concepts still need development. But what happens if, before you schedule the launch, someone else steals your concept or creates a mobile app with comparable features? That is to say, your prospects of success are diminished and you lose credibility.

This is the point at which a patent becomes relevant. Although filing for patents is a laborious process, it becomes essential if you want to shield your program from competitors in the market. As they take the time to distinguish their applications from an ordinary app from a high-revenue app, businesses must patent, copyright, or trademark their mobile app concepts in order to prevent others from stealing their original ideas.

There may be a lot of questions if you’re interested in patenting an app concept, such as how to patent a mobile idea, how much it costs, how to proceed, and what happens if it’s already patented. As we guide you through the intricacies of what it takes to patent an app concept, these are some important questions we will be addressing in this blog post regarding app patents.

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What Does It Mean to Patent an Idea for a Mobile App?

An intellectual property protection called a patent protects the concept for your software against misuse or infringement. As the exclusive owner of the app concept, it prevents other individuals or companies from modifying or selling it. Once the idea’s originality and distinctiveness have been established, you may go on with the patenting procedure.

But it’s important to remember that the code of your software is protected by copyrights and cannot be patentable. However, the title, icon, emblem, machinery, processes, items of production, and other aspects of the app’s design are all patentable.

The Value of App Idea Patenting

The primary justification for patenting an app concept is the legal protection it provides against infringement of intellectual property rights. You may file a lawsuit for patent infringement against the other app or party if they take any action related to the software patent without the required consent.

Additionally, a patent for your software gives you 20 years or more of legal protection. An extended protection time might guarantee that you take chances with your program, including signing license contracts and utilizing it just to keep a competitive edge.

According to reports, Apple and Microsoft engaged in a serious legal dispute over copyright infringement in 1994. Apple aimed to stop Microsoft from deploying a graphical user interface (GUI) that was comparable to Mac OS and Lisa. But because Apple lacked patent-like protection, it lost the lawsuit. If Apple had been granted a patent for the idea, events would have transpired differently.

When Is It Appropriate to File for Patent?

There are several debates about the value of patents, as they don’t always lead to the success of the app. Therefore, it’s crucial to understand when it makes sense to file for a patent. If you are filing for a patent, take into consideration the following.

Objective: You must decide whether you want to shield app concepts against infringement and the reason for your patent application. Do you intend to sell your software for a profit?

Impact of App: The majority of smartphone applications have a three-year viability period, which limits their duration. What effect will your app have on users? Examine if it can be sustained for more than three years before deciding to file for a patent.

Value: Not every program can be made into a profit. You probably won’t require a patent if your software fits into a narrow market and seems less likely to be lucrative.

Competition: Out of all the applications available, only a select few are going to stand out and take market share. So, before submitting a patent application, you should ascertain if your app is robust enough to compete.

In addition, if you already own a copyright or trademark, you don’t need a patent. Additionally, keep in mind that the length of time it takes to patent an app might cause long-term company plans to be delayed.

It’s crucial to remember that having a patent does not shield you from lawsuits filed by other businesses accusing you of copying their ideas. Therefore, before submitting a patent, a comprehensive and in-depth search is necessary. You don’t have to give up if the patent analysis reveals that someone else has already patented a concept that is identical to yours. Do further research on your concept, consider how to differentiate your software, and develop it to create something fresh and improved.

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How to Determine Whether Your App Is Patent Eligible

An app may be patented, but it does not guarantee that it is patent eligible. The following are some important considerations or requirements for the mobile app’s patent eligibility.

Innovative and Address User Issue: Prior to submitting a patent application, a patent search must be carried out at the relevant patent office in the relevant nation. It looks up if a patent already exists or whether it infringes on another. The fundamental element of distinction for your mobile app is that it must be unique from all previous creations.

Practical and distinctive: It is not appropriate to design an app for leisure reasons since the app concept has to be beneficial. The application must theoretically function, and when you file for patent protection, your concept cannot be classified as a clone.

Non-Obvious: One of the hardest requirements to meet in accordance with the rules and rights is that the concept must be non-obvious. Someone with expertise in the subject must consider it to be a novel discovery and classify it as patentable in order for it to be considered non-obvious. This may be arbitrary and a huge cause of annoyance for both you and the examiner.
Keep the aforementioned in mind to make your software distinctive and patentable.

The Procedure For Patenting A Mobile App Idea

The fundamental stages for patenting an app concept are as follows. A mobile app development business you employ can help you expeditiously with the whole procedure.

Find a Patent Lawyer and Register with Them

To get a premium patent and improve your chances of having your app concept chosen, you must work with a patent attorney. They possess expertise in software patenting as well as other legal actions that may be required in the course of the patenting procedure.

You have two options: a reputable legal company with seasoned lawyers who specialize in software patents, or a competent attorney.

Ownership and Transparency

To obtain the court to approve your patent, your software has to fulfill a number of requirements, including realism, eligibility requirements, and viability. It is crucial to record every step of the procedure and provide the court evidence of innovation and patent ownership.

When it comes to patenting, it’s also crucial to patent the functionality of mobile app ideas. To assist the patent attorney in fully comprehending the features, processes, and operation of your app concept, you may make a flowchart. To test the flow, you may also prototype the mobile application.

Select the Kind of Patent You Need

There are two main categories of patent applications: non-provisional and provisional, which depend on the size of the market and the uniqueness of the app concept. Let’s examine the two in more depth.

Application for Provisional Patent

One of the often recommended kinds when starting the app patenting procedure is a provisional patent. It is simple to get started since it has no formal requirements, such as data declaration or a formal application procedure. These are a few advantages of it.

It gives you a full year to develop, hone, and adjust the concept in order to produce the MVP.

For this form of application, the expenses are lower than for non-provisional.
It allows you to have a “Patent pending” on your app, giving you some time to determine whether or not it can succeed.

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Application for Non-Provisional Patent

To get the patent rights for the innovations, the applicant must file a non-provisional application within a year after submitting the provisional one. When applying for a patent, a thorough description that covers the idea’s validity, the claim, the specifications, etc., is required. Among the advantages it provides are

enduring and comprehensive security for your app concept
gives you the option to sue the infringement,
grants the only right to make money off of the concept,
has legally binding claims for intellectual property protection.

Search for Patents

You’ve chosen the kind of method and done sufficient study for the app concept. Now is the time to work with the patent lawyer and developer you hired to do extensive patent research. At this point, concentrate on identifying any impending problems that need to be fixed in order to get quick patent approval.

At Linkitsoft, Your developer may work on this while your partnered attorney searches globally for applications that are comparable to yours. In this manner, you may protect your app patent and increase the likelihood that it will be approved.

Ready to submit your application for an app patent to the USPTO.
The last stage before submitting the mobile app concept to the USPTO is to patent it, which is necessary after completing the previously described procedures successfully.