How to Patent an App Idea?
How to Patent an App Idea
The initial idea is crucial from the beginning. Today’s high-tech entrepreneurial world considers patent ownership to be very valuable, especially if it involves smartphone applications. Therefore, it is very important to protect your application idea and prevent it from being copied or abused by applying for a patent.
After optimizing the application, market imitators may promote your unique application creativity without legal or illegal language. In the long run, this will reduce your application net profit. But you don’t have to worry, because intellectual property law will protect your application ideas from illegal use and theft. There are trademark and copyright laws to protect your mobile app ideas.
What does it mean to obtain a patent for mobile application ideas?
Simply put, a patent is an intellectual property law, Protect your app ideas from illegal and/or involuntary use. Considering that you are the legal owner of the app idea, other companies or individuals are prohibited from making changes or selling them. Make sure that no one gains or goes bankrupt by falsely claiming your unique ideas.
The application code belongs to the legal category of copyright protection, so it cannot be patented. Therefore, you can apply for a patent for the application method or process required to perform a specific task.
Your application idea will authorize the protection of your exclusive intellectual property. Using official patents, you have the right to seek compensation from any party that attempts to violate the current patent law. The following are the main reasons for applying for a patent for an application idea: You can legally accuse each clone of the original application introduced before or after the original application. The legality of your patent proves the uniqueness and originality of your application idea. No cunning party can use your mobile app creativity financially.
1. Must be an invention Patents are used to protect inventions.
According to WIPO (World Intellectual Property Organization) regulations, it is provided to the present invention and explained as a solution to each problem. Since the idea of a mobile application is not an actual thing, the application process is classified as an invention. However, the program should solve all problems like any invention.
2. Your application creativity should be novel
Even if your mobile application idea can solve the user’s problem, it does not mean it is patented. Your application ideas should be novel and should not be publicly released earlier, including YouTube videos, books, articles, pending patent applications and other resources. It should be unique and must no longer exist, otherwise you will not be able to obtain a patent.
3. Should be considered useful
Becoming a useful application does not mean that your application idea cannot belong to entertainment or similar content. Your application needs to perform at least theoretically. This restriction prevents people from applying for patents on these useless applications. Therefore, you must provide a detailed and specific description, such as the performance of your application when it is declared as an asset.
Basic steps to apply for mobile app ideas
This is the basic step you should follow to understand how to patent an application idea.
1. Discover and register with a patent attorney
In order to display the first-class patents produced accurately and maximize the scope of your patent application, you need to consult and hire a patent attorney who handles software patents. He/she must have experience with this. Since this is a legal process, it may include litigation. Therefore, do not try to do it yourself, but hire professionals. It is not recommended that you choose the first lawyer you find. Conduct detailed research and find the solution that best suits your budget.
2. Disclosure of your mobile application invention.
With application ideas, it does not mean that your work is complete. You must put it into practice to confirm its convenience, which is one of the eligibility criteria for obtaining a patent. Since the court requires you to provide a proper proof of invention before granting a patent on your application, you need to ensure that the entire application development process is recorded. In addition, you can make a prototype of a mobile application to test its flow.
This will help your lawyer evaluate your application flowchart, because it is not the code that is patented, but the application’s procedures and functions. It can amazingly analyze the different operations of your application in various industries and think for you which other components in the application are eligible for new directions for patents.
3. Exercising patent search
Maybe you have learned well, but it is still recommended that you hire a patent attorney to conduct a global search for applications that are similar to or have the same process or function as yours. In this way, you can avoid any unforeseen violations of other organizations. It is better to spend some money and ensure that your patent has the maximum scope of being approved.
4. Submit a provisional or non-provisional patent application
Provisional and non-provisional patent applications are two types, which can be used as patent applications for mobile applications. Under a provisional application, you may not submit a formal patent statement, statement, or even a data statement. This application type provides some benefits: Allows you to use the term “patent pending” on the app. It takes 12 months to create an MVP.
Compared with non-temporary applications, preparation costs are lower. Under non-provisional applications, you can not create any claims for applications filed in the country/region where the convention is located, or you can submit an application without any application references in the program. All claims and explanations should be attached. It must have a written description of the invention and legally defined claims for the invention.
5. Submit your patent application
This is the final step in patenting the mobile application idea. After successfully performing the above steps and preparing a patent application, you need to submit an application to the USPTO. Although this is a tedious process and requires a lot of paperwork, you should explore it.
Now, you must ensure that applying for a patent for an applied idea requires hard work. However, if you believe in your idea and think it has the ability to be an invention, you must apply for a patent for your application. Maybe this process is a bit strict, but it is less cumbersome than dealing with some cloned applications stealing and violating your business ideas or facing patent infringement lawsuits.
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