If you are an entrepreneur or starting out with a wonderful app idea in mind, then this blog is for you. In this blog, we have mentioned a complete guide on how to patent an idea for an appid before discussing it with anyone. Check out this blog and know how to patent an app idea with a simple process.
Do you have a unique idea about the mobile app?
Are you bothered that someone can take it from you and use it before you could use it?
Fortunately, intellectual property – especially the copyright or patent law of trademark, patent and mobile apps – provides protection against appeals. But you may have questions about whether you can patent an app? There are plenty of startups and entrepreneurs who believe in getting a patent on an appid to exclude others from making, using or selling it.
Patenting an app idea is important to protect against copiers on the market that might steal it. But make sure your app idea must be new and new to be subject to patent law. It should not be a clone of other apps. To understand how to patent an appidea, we have mentioned essential questions below, please check.
General questions you may have about patenting an app idea:
What does it mean to patent an app idea in a single language?
A patent is a form of intellectual property and prevents your ideas from being used without your consent. It gives you the exclusive right to exclude others from developing or selling your idea.
It will give you assurance that no one will violate your idea and claim it as his or her. IN USA, United States Patent and Trademark Office (USPTO) officially issues patents, whereas Canadians apply for patents through the Canadian Intellectual Property Office.
Let’s take an example of the mobile app’s patent example of the Apple Company that sued Microsoft in 1994. The company claimed that Microsoft stole its idea of the graphical user interface (GUI) from the previous Lisa and Macintosh operating systems. However, Apple did not acquire a patent on its idea that made it 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 site because it is a component with different interaction methods. The code of the app cannot be a patent, as the code itself falls under the legal category covered by copyright.
So it is possible to patent the method or process that it follows to perform a particular action. For example, the app’s process running on a smartphone or other device creates a remote server with data that either saves it or processes it to be used on a mobile phone. In short, the application is what makes your device or smartphone work in a certain way.
Before you submit an app pattern, it is also important for you to know that your app idea must fall into a unique category. Obviously, your app idea must not be the same or consistent with another app. A user with average skill and knowledge should not be able to replicate the same appidee. Eg. Calculator, chess are some examples of common ideas for mobile apps.
What are the requirements to get a patent?
In general, the qualification is intended to patent a mobile app. Here are the three key points that qualify your patent application:
It must be an “invention”
In general, patents are used to protect inventions. A patent is granted for the invention, which is described as a solution to any problem, according to World Intellectual Property Organization (WIPO).
Since we know that the app idea is not a physical object, the app process is categorized as a mobile app invention. However, it is important that the process, like any invention, should solve any problem.
An appidea must be new and unique
If your mobile app idea solves a problem for users, it does not mean that it is entitled to the patent. It is a must that your appidee is new and non-obvious. In simple words, your app idea has not been previously revealed in a public format, including books, pending patent applications, articles, YouTube videos, and other sources.
In addition, it must be unique and does not already exist, otherwise you can not patent it. For example, if you have developed a mobile app like Uber and solve the problem of thousands of people by allowing them to book a ride with just a few taps, but you can not patent it as it is a clone of the Uber application .
It must be qualified as useful
Last but not least, your patent must be qualified as useful. However, this does not mean that your mobile app idea may not fall into the entertaining category or the like.
This means that your application should work at least in theory. It is the limitation that prevents people from patenting such applications that are not as useful as they should be. So it requires you to develop a concrete and detailed explanation like how your application works to claim ownership of it.
Is my app idea already patented by someone else?
To check if your app idea has already been given to someone else or not, start researching the existing and any pending patent app idea. The USPTO advises to perform an advanced search to find similar items using its Patent classification.
In the US, the USPTO provides a complete database where it maintains all the published and pending patents, so it would be great if you check in this database whether your app idea is already patented by someone else or not.
If you are having trouble searching for existing published and pending patents, you can use a step-by-step video guide on how to perform searches. In addition, you can refer to World Intellectual Property Organizations IPC Catchword Index for international patents.
When do I have to file a patent?
Today, mobile app patents are not granted to the person who is the first to invent it, but it is given to the person who is first filing against it. This is one of the main reasons why many entrepreneurs and startups prefer submission of a preliminary app before important details are published.
You may find many patent attorneys advising on patenting an idea for a mobile app before discussing it with potential investors. Even if you have signed a non-disclosure agreement, you can prepare to submit quickly.
What information and documents do you need to file a patent?
You may have asked yourself this question, how do I patent an app? After preparing the patent application, you must file it with the USPTO. Due to more paperwork, the process can get tedious over time. Since each document must be verified before it is completed. We have provided important documents you need to facilitate the process
- Ed / Declaration
- Device status form
- Disclosure statement
- Application data sheet (ADS)
- (optional) Patent Cooperation Treaty (for international applications)
- (optional) Application to make special
- Fee sheet
- Cover page
How much does it cost to file a patent?
In general, app patent costs differ from the type of patent you are applying for. When it comes to preliminary patents, it costs approx. $ 2000 to $ 5000. Once you have submitted a preliminary application, you can develop and start your application. A provisional patent lasts one year and you can use this period to test the success of your apps.
When we talk about the non-provisional patent, it generally costs between $ 10,000 and $ 15,000. Once you have filed your patent, it will be investigated by the USPTO. This exam takes between one and three years. The investigator will review your patent completely and start the patent application process to see if it qualifies. Before you finish this blog, there are different types of patent applications so you can check this out and apply for a patent on your appidee.
As you have understood about the patent application costs, it is time to know about different types of patent applications.
Do you have a unique app idea?
Do you want to validate your app idea? Do you want a free consultation from an expert?
Different types of patent applications
Provisional patent application is the most common form of patenting an appidee. In general, it is always the first approach that most app development companies use when starting the patent process.
With the preliminary application, you are allowed to file without even a formal patent claim, a statement or a statement of disclosure of information. Here are some of the benefits of preliminary application:
- It provides 12 months to fully develop and refine MVP.
- Allows you to use the term “patent pending” on the product.
- It is cheaper to prepare and file the application in relation to a non-provisional patent.
- It provides the opportunity to submit international applications and claim priority within 12 months.
When it comes to the non-provisional app for the patent, it can be filed without claiming an application priority made in a convention country or without any reference to the app already underway in the office, called the non-provisional app .
It is a must that it is accompanied by a complete specification and requirements. A non-provisional patent application must include information such as a written description of the invention and at least one requirement that legally defines the metes and limits of the invention.
If you are in doubt about which one to choose, ask yourself these questions.
- How soon do you want your patent issued?
- How long do you plan to delay patent research costs?
An experienced software patent attorney can help you decide if patent protection is right for you or not. Even the lawyer can help you with the patent application process. Getting patent protection in new and non-obvious inventions is essential to keep others away from stealing your idea.
Want to create a successful patent-pending app?
We design and develop customized mobile applications.
Frequently asked questions
How much does it cost to patent an app idea?
The estimated cost of patenting a mobile app can cost you between $ 2,000 and $ 15,000.
Provisional patent application: $ 2,000 – $ 5,000
Non-Preliminary Application: $ 10,000- $ 15,000
How long does it take to get the appidate patent?
Generally, it takes 1-3 years to get the appidate patent. The patent application starts with the investigation process and is divided into various factors such as specification, requirements, abstract and drawings.
So you have just reviewed the simple guide to the idea of patent application and it contains a lot of work and procedures to follow.
If you have questions about mobile app development, how to build an app, app idea to convert to app, cost Indian mobile app developers to develop an app, please contact us. Being a mobile app development company, we has already evolved 3500 apps of different categories.
To get in touch with us, simply fill out our contact form and one of our sales representatives will get back to you shortly. The consultation will not cost you any money.