Mobile applications are booming right now. We have apps for almost every service/product. Businesses from every niche are opting for mobile apps as people prefer mobile apps over websites. Yes, apps are handy, easy to use, and offer tailored services.
Mobile apps are worthy investments that every business wants to own these days. Are you one of such entrepreneurs who would like to develop an exclusive mobile app?
Do you have an innovative app idea that does not exist in the market, or do you have valuable services that can add value to people’s lives and help them overcome their current problems?
If yes, congrats on your new idea and endeavor. Your value-added app can stand apart and stay way ahead in the App Store/Play Store. However, all you now have is a fantastic idea that no one else knows. It is unique, innovative, and creative.
However, you can’t go ahead and share your app idea with everyone. There is a huge possibility that some random people may steal your idea and use them to their advantage.
But no worries. Just like you have insurance to protect your car, copyrights to protect your book, you can have patent rights to safeguard your mobile app ideas. Intellectual property laws like patent, trademark, and copyright law can help you against any misuse of your mobile app ideas.
Yes, industry experts recommend entrepreneurs patent the mobile app ideas to prevent others from making or selling them. So, now, how to patent your mobile app idea?
All you need is a unique mobile app idea. That is the prime prerequisite. You are good to go. This blog will act as an ultimate guide on how to patent your mobile app ideas. Read on.
What Does Patenting A Mobile App Idea Mean?
A patent is a kind of intellectual property law that will protect your app ideas from any misuse. It gives the exclusive rights to you that no one else can develop or sell without your approval. To be precise, patenting your mobile app ideas can:
- → Protect your app ideas against any illegal usages.
- → Prevent any companies or individuals from modifying it or selling it.
- → Ensure that no one else claims any profit by falsely projecting the idea as their own.
Can I Patent My Mobile App Idea?
Yes. One can patent the mobile application ideas. However, you cannot patent the code as it comes under copyright law. So, you can go ahead patenting the method or process of your mobile application. By doing so, you are reserving the rights of your app idea and preventing anyone from stealing or recreating a similar mobile app.
Why Should I Patent My Mobile App Idea?
Patenting your app idea gives you authority over it. Yes, the idea comes under intellectual property, and your patent reserves exclusive rights towards your mobile app idea.
Owning an official patent will help you claim compensation from any third party that attempts to violate the patent laws. Companies/individuals patent their app ideas for the following reasons:
- → Your patent gives you legal proof that you are the owner/creator of the innovative app idea. Thus, you can protect the originality of your app idea.
- → You can legally claim the rights if someone clones your original mobile application.
- → No illegal third parties can exploit your mobile app financially.
What are the Requirements to Qualify for the Patent?
You can determine the patent eligibility for the mobile application by considering the following points:
★ Your App Needs to be an Invention
Individuals/Organizations use patents to protect their inventions. As per World Intellectual Property Organization (WIPO), the patent is for inventions/innovative ideas that serve as a solution to existing problems.
Since the app idea is not a physical thing, WIPO suggests the process of the app as an invention. Nevertheless, your app needs to provide unique solutions that other apps failed to address.
★ Your App Idea Needs to be Original, New, and Unique
Your app idea needs to be solely original to qualify for a patent. Even though your app idea solves user's problems, it cannot fit the patent test if a similar one already exists.
It need not have to be an app. Even if the same idea is available in public forums like books, pending patent applications, articles, YouTube videos, social media platforms, it does not qualify as an original idea. So, you cannot file a patent.
For instance, you may have come up with a food delivery similar to Zomato or Swiggy. You may help people by providing food delivery services in remote areas.
Though you offer valuable solutions, you cannot patent your app idea, as a similar app already exists in the market. Thus, as per law, your app is just a clone of an already-existing food delivery app.
★ Your App Needs to Be Useful
You cannot apply for a patent for any random innovative thoughts. It can be either an entertaining app or an education app.
You should explain the logic behind your idea and how you will convert it into an app. Initially, at least you must convince that your app works in theory.
Most people hesitate to file a patent for their mobile apps as the app ideas lack concrete logic. Though they have ideas, they are not sure about the execution. Thus, one must have a clear-cut plan and an in-depth insight into how to materialize their ideas. So, you can claim a patent for that idea and gain ownership over it.
How do I Know If My App Idea is already Patented or Not?
In the US, the USPTO (The United States Patent and Trademark Office) maintains the record of all existing and pending patents. The USPTO itself advises people to perform an advanced search using the Cooperative Patent Classification to find similar items.
As the USPTO maintains a complete database containing all published and pending patents, one can check it to know whether the app idea is already patented by someone else or not. Apart from the USPTO, you can also check the World Intellectual Property Organizations’ IPC Catchword Index for international patents.
How to Patent Your Mobile App Idea? Step-by-step procedure
You can follow the following steps while patenting your app idea.
◻ Find the Right Patent Lawyer
Entrepreneurs/Individuals need the help of a patent lawyer to apply patent for their app ideas. Thus, choosing a professional and experienced patent lawyer is crucial. The lawyer must help with creating a precise patent application that gets qualified easily. As mobile app ideas come under software patenting, the lawyer must have relevant experience on that.
Though the patent lawyers come with a cost, experts strongly recommend taking professional help instead of figuring it out by yourself. Since it is a legal procedure, it might incorporate litigation. However, make a detailed study and find the appropriate patent lawyer that fits your budget.
◻ Document Your App Development Process
Yes, you own an exclusive app idea that is original. But that alone does not qualify for a patent. You need to bring the idea into reality to prove its convenience. Yes, the court will ask you for appropriate proof of your invention before issuing a patent. Thus, experts advise documenting the entire app development process.
Moreover, you can come up with a prototype of your mobile app to test its flow. Thus, your lawyer can better understand the app’s procedures and functionalities. So, they can further analyze it by comparing it with other apps across the market. In other words, it will help them understand how your app is different from others.
◻ Do Extensive Patent Search
Professionals recommend taking the help of a patent lawyer to conduct a global search for finding out similar apps with the same flow or functionalities as your app. Though you might have done an intensive study, a patent lawyer can assure you of finding an unintentional or unpredicted breach. Thus, your patent has a better possibility of getting approved by the court.
◻ File a Provisional or Non-Provisional Patent Application
Two types of patent applications are available for patenting your mobile app.
- ⦿ Provisional Patent Application
- ⦿ Non-Provisional Patent Application
Provisional Application: It is one of the most commonly used patent applications. With the provisional application, you can file a patent without a formal patent declaration, claim, or information disclosure statement. Here are some benefits that come along with the provisional application.
- ⦿ It encourages using the term Patent Pending on the app.
- ⦿ It is cost-effective as compared to Non-Provisional Applications
- ⦿ It permits 12 months to develop the MVP.
Non-Provisional Application: You can file a non-provisional application with a written description of the invention and a claim which legally defines the invention. You would need nothing else to apply the non-provisional application.
Generally, people go for the provisional application if they prefer cost-effective services. They will opt for a non-provisional patent if they want their patent granted faster.
◻ Submit Your Patent Application
Now here we come to the final step of patenting the mobile app idea. After following all the above-said steps, you can submit your patent application and file it to USPTO.
Though patenting your mobile app comes with a lengthy procedure, try exploring it for its immense benefits. Here are some vital documents you would need for patenting your mobile app:
- ⊳ Specification
- ⊳ Declaration/Oath
- ⊳ Data Disclosure Statement
- ⊳ Entity Status Form
- ⊳ Claims
- ⊳ Application Data Sheet
- ⊳ Patent Cooperation Treaty (Optional and for International Filings)
- ⊳ Drawings
- ⊳ Cover Sheet
- ⊳ Fee Sheet
- ⊳ Application to Make Special (Optional)
What to do If the App Idea is Already Patented?
Someone might have had a similar app idea like yours and got it patented elsewhere. You may not be aware of that until you indulge in an extensive patent study. Even in that case, you don’t need to lose hope.
Research that specific patent carefully and determine how to make your app different from the old one. Thus, you need not give up on the idea as you can always upgrade it with your innovative ideas.
Cost of Patenting a Mobile App
The cost depends on various factors. One can refer to the USPTO listing to learn more about specific costs, including every fee. Here are the few basic charges that you need to pay for filing the app patent application.
| Elementary filing fee | $70-280 |
| Patent search fee | $150 -600 |
| Patent examination fee | $180-700 |
| 3.5-year maintenance fee | $400-1699 |
| 7.5-year maintenance fee | $900-3600 |
| 11.5-year maintenance fee | $1850-7000 |
Considering all the above charges, the cost of patenting a mobile app through a provisional patent application can cost you anywhere between $2000 to $5000, while, for a non-provisional patent, it ranges from $10,000 to $15,000.
How Much Time Will it take to Patent a Mobile App?
After analyzing every single factor in patenting the mobile app idea, now, let us know how long it will take to get your patent on your hands?
Honestly, patenting your app idea can be a tedious process. Applications get rejected many a time, and you would need to resubmit again and again. It may extend from 4 to 6 years, depending on the circumstances.
As most of us may already know, it took six years for Mark Zuckerberg to get a patent for Facebook. Yes, he got his patent for Facebook only in 2012.
What Are Some Alternatives to App Patents?
★ Copyright
Copyright is a collection of rights issues given to the inventor/author of any work like art, literacy, education, music, computer programs, etc. It safeguards the expression of ideas and not the idea itself. Thus, you can get a copyright for your app logo or design and not for the app itself. As apps involve facts, ideas, systems, and methods of operation, copyright cannot protect them as patent intends to protect.
★ Trademark
Entrepreneurs can use the trademark to safeguard the logos, taglines, symbols of their brand. Thus, competitors cannot recreate or misuse their brand name. However, they cannot protect their app using the trademark.
★ NDA (Non-Disclosure Agreements)
Entrepreneurs/App owners often sign a non-disclosure agreement with the mobile app development company. Thus, the idea, information, and technicalities about the app remain intact and confidential. So, you can protect your app idea from any third parties.
Conclusion:
By now, we all know the benefits of patenting our mobile app ideas. We can own all the rights behind our app ideas, processes, and methodologies. As we reserve all rights, no one in the world can steal our ideas or make money from them illegally. You can even make money by allowing others to use your app ideas.
However, getting a patent for your app can be a tedious process than you can ever think. It may take even around 3 to 4 years to get a patent. Sometimes it takes even longer. Still, most experts encourage app owners to file a patent if their app idea is original and innovative.
As an entrepreneur, you can decide on patenting your mobile app depending on your app ideas, business needs, and profits. Yes, the ball is in your court, and the choice is yours.
