How to Patent an App Idea?

The importance of patenting your app concept has increased in today’s quickly changing digital environment when mobile applications have largely taken over our everyday lives. By securing exclusive privileges to your innovation through a patent, you may legally protect your app concept and prevent anyone from copying, using, or making money without your consent. 

This article offers a thorough overview of the steps involved with how to patent an app idea, covering the prerequisites, different forms of patent applications, time issues, and related fees. It also is crucial to understand the app ideas that have not been made.

Why is Patenting Important?

It is prime to learn why and how to patent an app idea for the reasons listed below.

👉Intellectual estate security. Patents protect your app concept and provide you with sole ownership, prohibiting unauthorized use or financial gain from your creation.

👉Exclusive Market Access. Patents provide a term of exclusivity that enables you to launch your software, get customers, and make money without rivalry.

👉Compliance and legal remedies. Well, to defend your liberties and take legal steps against people who violate your social media app ideas, copyrights provide a solid basis in law.

👉You are securing joint ventures and investors. Your app gains value through patents, making it more desirable to investors and collaborators who understand the competitive edge of trademark security.

👉They are fostering innovation. Patents encourage more research, creation, and funding for the app market, advancing the field and enhancing society.

Benefits of Patenting an App

Let us look into some of the perks of patenting your idea for an app.

✅Legal Defense. The legal protection of patenting an app concept is one of its main advantages. With a patent, you can protect your creation and stop others from creating, utilizing, or commercializing your software without your consent. You possess the right to file a lawsuit and demand compensation if someone violates your patent. A major disincentive to prospective copycats and illegitimate usage of your app, this legal protection operates as such.

✅Marketing Advantage. You may gain a significant competitive advantage in the market by patenting your app concept. You may prevent prospective competitors from entering your market by acquiring sole rights to your innovation. As a result, people cannot easily copy the features and functions of your software, offering you an original point of sale.

Your proprietary app sticks above its rivals and draws customers seeking novel, safe solutions. Furthermore, owning a patented app might simplify getting partnerships, financing, and alliances with financiers that respect and understand the significance of securing intellectual property.

✅Possibilities for Financial Gain. There are several ways to make money off patents, which may be significant assets. You can provide permission to use your copyrighted app for different companies or people in return for licensing costs or profits. 

If the application concept is in high supply or has a chance for widespread use, licensing deals may be a valuable source of income. Additionally, patents can raise your software’s and business’s worth, increasing the likelihood of an investment or takeover. A patentable software that offers a distinct competitive edge can command a higher price from prospective buyers or investments.

✅Recognition of a brand. Your reputation as a thought leader and brand will grow due to patenting your app concepts. It demonstrates your dedication to technical development and positions you as an opinion leader in your field. The ability to assert that your program is patented increases credibility and confidence with consumers, potential business partners, and funders.

It displays that the application has undergone an exhaustive examination procedure by an established patent office, supporting the idea that it is reliable and high quality. It may help your software stand out from rivals, draw in a broader audience of users, and foster strong brand connotations.

✅The incentive for creativity. To promote and reward creativity, patents are crucial. You may safeguard the sole title to your creation for a certain amount of time by patenting your app concept. This exclusivity motivates company owners and app creators to invest their assets, time, and cash in creating cutting-edge new apps.

When manufacturers are specific that their innovations will be safeguarded, they are more likely to explore complex and ground-breaking concepts, which encourages the growth of new technology in the market for apps. By fostering a creative culture, patents help to advance and evolve the app production industry effectively. That is why knowing how to patent an app idea is good.

Requirements for Patenting an App

The review criteria for patent application application-related app ideas are generally consistent across countries. These criteria answer the question of how to patent an app idea and can be classified into three main aspects –

👉The first criterion

It demonstrates practicality and usefulness. More than having an app idea is required to obtain a patent. When filing a patent application for an app, it is crucial to provide comprehensive details and documentation about the project, including its code, flow, and functionality. This information should support the claim that the app is practical and valuable.

For example, the Supreme Court case of Alice Corp. v. CLS Bank International in 2014 introduced a two-step analysis. The first step was determining if the claimed invention included an abstract concept, such as a computing technique or algorithm. If so, the investigation would move on to the following phase. If not, the assertion could be eligible for patenting if the other requirements are met.

👉The second criterion

It focuses on novelty. It is essential to demonstrate that the invention (or application) is new and substantially unique. It is done to obtain a patent for an app. It should have distinctive features or aspects that distinguish it from existing apps or prior art. The app should introduce something novel and innovative to the field.

• These two criteria form the foundation of the patentability assessment for app ideas. It is crucial to ensure that the app idea is not merely abstract and offers something new and inventive compared to existing apps or prior art. Meeting these criteria increases the chances of obtaining a patent for your app idea.
  
• Verify a successful patent application for your app idea. It is crucial to conduct thorough research to determine if your idea has been previously patented.

This step is essential to avoid potential infringement and rejection of your patent request. To achieve your research, you can refer to resources such as the USPTO website or Google Patents, which provide valuable information on existing patents.

👉The third criterion 

Often, the most challenging is the non-obviousness requirement for your mobile app ideas to fuel your startups. It means your app should not be a combination or modification of existing technologies without possessing unique or innovative traits. More than merely integrating or amalgamating pre-existing technologies with slight modifications would be required for patent approval. Your app must exhibit a distinctive functionality or feature that sets it apart from existing solutions in a non-obvious manner.

What are the Different Types of Patent Applications?

The most pertinent patent applications for app concepts include the following:

• Useful Patents. These app-specific patents, which cover the creation’s characteristics, operations, computations, and layouts, are the most prevalent.
• Patents on designs. An app’s decorative or visual appearance, comprising its symbols, layout, and interface for users (GUI), is protected by design patents. Instead of concentrating on the app’s usefulness, they emphasize its appearance.
• Software Patents. The exact algorithms, procedures, or techniques used by the application are covered under patents for software. They can be registered as applicable patents and safeguard the technology behind them.

Check Out the Top Six Steps On How to Patent an App Idea.

👉Step 1: Determine the Appropriate Patent Type.

Choosing the best patent is the initial step in registering your app concept. There are three primary categories to think about:

• Utility Patents: This type of patent protects the functional aspects and processes of inventions or product discoveries. Utility patents typically last for a period of 14 to 20 years. A utility patent is often the most appropriate choice when patenting a mobile application due to its coverage of functional elements.
  
• Design Patents: Designed to safeguard an invention or product’s visual or aesthetic aspects, design patents typically have a duration of 14 to 20 years. If your app’s uniqueness lies primarily in its optical design and appearance, a design patent may be the right option.
  
• Plant Patents: Reserved for asexually reproduced plants propagated through means other than seeds, plant patents last for 20 years. While plant patents are not directly applicable to mobile app ideas, it’s worth noting their existence as a separate category.

By considering the nature of your app idea and its distinguishing features, you can determine which type is most appropriate for your invention and how to patent an app idea.

👉Step 2: Perform a Comprehensive Patent Search.

In the second step of patenting your app idea, it is crucial to conduct an extensive patent search to ensure that your app is not already on the market and patented. This research should encompass a global scope to minimize the risk of unintended infringement from other companies. By confirming the absence of similar applications or existing patents, you significantly enhance the likelihood of your patent being granted without complications.

• Conducting a thorough patent search involves using various resources, including patent databases, online platforms, and consulting professional patent search services.
  
• Start by perusing international patent registries offered by the World Intellectual Properties Organization, the European Patent Administration, and the American Patent and Copyright Department.
  
• These databases contain a vast collection of published patents from different jurisdictions.
  
• Additionally, leverage online platforms and search engines to look for existing mobile applications that resemble your idea. Investigate app stores, technology forums, and relevant industry publications to identify potential competitors or similar concepts.
  
• Engaging the services of professional patent search firms or patent attorneys with expertise in the mobile app industry can provide valuable assistance in conducting a comprehensive search.
  
• These experts possess the knowledge and resources to perform an in-depth analysis of patent databases, ensuring a thorough examination of existing patents and applications related to your app idea.

By investing time and effort into a diligent patent search, you can gather crucial information on prior art, existing patents, and potential infringements. This knowledge will help to refine your app idea and strengthen your patent application, increasing the likelihood of a successful outcome.

👉Step 3: Prepare and Submit Your App Patent Application.

Making and submitting a patent request is the next critical step after ensuring a patent does not already cover your app concept. To improve the likelihood of an accepted application, it is crucial to provide the details that follow:

• Invention Description: Provide a comprehensive and detailed description of your app invention. Explain its unique features, functionalities, and innovative aspects that set it apart from existing solutions. This description should be clear and concise, enabling others skilled in the field to understand and replicate your app.
  
• The app’s Working: Clearly outline how your app works and its underlying technical processes. Describe the algorithms, data structures, and methodologies employed to deliver the app’s functionality. It is crucial to provide a thorough explanation to demonstrate the novelty and non obviousness of your app idea.
  
• Diagrams and Drawings: Incorporate diagrams and drawings where necessary to enhance the understanding of your app’s architecture, user interface, or other relevant components. Visual representations can significantly aid in illustrating the unique aspects of your invention and make it easier for patent examiners to comprehend its technical features.
  
• App Design: If applicable, include the design aspects of your app. It involves describing the visual elements, user interface, or ornamental features contributing to the app’s overall aesthetics. Design elements can be essential to the app’s uniqueness and may require specific attention when preparing the patent application.

By providing detailed information about your app in the patent application, you strengthen your case for its novelty and non-obviousness.

The probability of getting a patent for the software concept might be increased by a well-written request with detailed explanations, accompanying pictures, and design information. Make sure your application is accurate and comprehensive. It is prime to speak with a patent counsel or agency with experience in developing apps and patent law.

👉Step 4: Apply for a Patent Provisionally or Non-provisionally

It is time to apply for an invention patent after including all pertinent information in the application. Send the request to the appropriate governmental body, like the USPTO within the US. The patent process for an app can take years and multiple examination rounds.

Choose between a provisional or non-provisional patent application on how to patent an app idea.

1. Provisional Patent: Establishes an early filing date and “patent pending” status, allowing further mobile app development. It does not mature into a granted patent unless a non-provisional application is filed within a year.
   
2. Non-provisional Patent: Comprehensive application with formal patent claims, description, drawings, and required documentation. It is subjected to examination, leading to a potential patent grant.

Pay the applicable fees as per the USPTO fee schedule. Stay prepared for potential delays and communication with the patent office. For the latest fee schedule effective from January 1, 2023, check USPTO.gov.  

👉Step 5: Respond Promptly to Office Actions

Once the payment for the patent application is completed, the assigned patent examiner will review your application. There is a possibility that the examiner may issue an office action, a written request for further communication regarding your application. This action may require additional clarification or changes to the submitted application.

It is crucial to carefully address the requests in the office action and respond promptly. Timely and thorough responses will help avoid unnecessary delays in the patent process.

👉Step 6: Maintain Your App Patent

Once your patent application is approved and granted, it is essential to fulfilling regular maintenance requirements to keep your app patent active. It involves paying specific fees monthly or annually to ensure your patent’s continued validity and protection.

A patent for your software might take time and effort to get. It is advised to obtain the help of an experienced patent practitioner who can offer professional direction and support during the patenting procedure to negotiate the difficulties. 

After reviewing the procedures for patenting your app concept, let’s tackle some often-asked queries that could be present.

When Can You Patent an Application or App Idea?

When it involves when and how to patent an app idea, timing is essential. To achieve priority and stop others from asserting the same concept, applying for patents as soon as feasible is generally best.

Early registration can provide your software with maximum safety throughout all stages of development. Yet, keep in mind that prior public disclosure may restrict your ability to get a patent. Speaking with a patent lawyer is advisable to find the finest time approach for your distinct situation.

How Much Time Does It Take for Someone to Get a Mobile App Patent?

Based on elements including the level of detail of the development, the amount of work of the trademark office, and the functionality of the program, the length of time needed to secure the patent for an app for mobile devices might differ considerably. 

The usual time required for the patenting procedure ranges from one to three years and sometimes much more. It is crucial to keep lines of interaction active with your patent lawyer and act quickly in response to any queries or complaints from the patent department to speed up the procedure.

Cost of Patenting a Mobile App

Several variables, such as the intricacy of the innovation, the kind of patent usage, where it is filed, and the legal costs, might affect the price of patenting an application for mobile devices. 

Attorney expenses for creating and submitting the application, as well as formal filing charges, inspection fees, and upkeep fees, are frequently included in the costs. It is advised to speak with a patent lawyer to get a thorough price quote that serves your particular needs on how to patent an app idea.

• Elementary filing fee: $70-280+ (initial fee for filing a patent application)
• Patent search fee: $150-600 (fee for conducting a patent search)
• Patent examination fee: $180-700 (fee for the examination of the patent application)
• 3.5-year maintenance fee: $400-1600 (fee for maintaining a granted patent for the first maintenance period)
• 7.5-year maintenance fee: $900-3600 (fee for continuing a granted patent for the second maintenance period)
• 11.5-year maintenance fee: $1850-7000+ (price for retaining a granted patent for the third maintenance period)
  

When you want to know the rough cost of how to patent an app idea via a preliminary patent filing typically costs between $2000 and $5000.A non-provisional patent, on the other hand, can range between approximately $11,000 and $16,000. These figures give a general idea of the expenditures related to the app patenting process.

FAQs

Q1: Should I patent my application’s premise but not the finished product?

Ans: No, the system will only cover the actual physical components of an invention. You must give complete information on how it works and the technical execution of the innovation to be acquired a patent.

Q2: Does having a functional prototype before submitting a patent application?

Ans: A functioning prototype is unnecessary to file a patent for an app concept. However, it is crucial to describe the idea in enough detail so that a professional in the industry can comprehend and duplicate it.

Q3: Could I patent a mobile application that advances current technology?

Ans: Yes, you can patent apps that advance technology. The goal is to highlight your app’s originality and lack of transparency compared to other options.

Conclusion

An innovative strategy to protect your proprietary rights and acquire a competitive edge in the online market would be to learn how to patent an app idea. You may successfully handle the patenting procedure by adhering to the steps mentioned throughout this article and getting expert advice. One can also check out some on-demand mobile app development ideas for patenting.

Do not forget to perform a previous art search, catalog your innovation, get legal advice, submit a thorough patent implementation, and take the initiative throughout the review process. The advantages of registering your app and learning how to patent an app idea can be substantial regarding security, competitive advantage, and revenue prospects, even if the procedure may require time and money.