Table of Contents
- 1 The Process Showing How To Patent App Idea
- 2 How To Patent App Idea In 2021?
- 3 Patent rights for mobile applications
- 4 The requirements for qualifying the patent
- 5 Know whether the app idea has been patenting by others
- 6 Time to file for the patent rights
- 7 How much do you spend on the app patent?
- 8 Summary : How To Patent App Idea?
The Process Showing How To Patent App Idea
Today, with the growth in mobile technology, more people like to have a mobile application for their products or services. So, the application store is flooded in recent times. Though there is enough genuine mobile application development team, some are copycats. They just try to steal the idea of the others and produce the new app.
Have you ever worried that your idea might be stolen? Fortunately, intellectual property laws like copyright law, patent rights, and trademark are available to help you. Having the patent right is the best thing that you can do to save your ideas from these copycats. Here is a comprehensive guide that helps you to deal with the patent rights for the mobile app.
How To Patent App Idea In 2021?
A patent is the form of intellectual property law that will help you to prevent your ideas to be used by unauthorized people. It endows you with some exclusive rights and excludes you from the others to develop or sell your ideas. It might be any products or ideas that belong to you, you can ask for the patent rights and save them from the copycats. This will be highly suitable for mobile applications as well.
Patent rights for mobile applications
Most people are not aware that they can have patent rights for their mobile applications. Yes! It is possible to get the patent for mobile apps as well. This is because your application is the component that tends to different methods of interactions.
The USPTO suggests beginning your patent search by brainstorming keywords related to your objective, use, and composition of the invention and then checking out them up in the Index to the U.S. Patent Classification to get potential class/subclasses, and then determining the relevant class or konosuba classes by using the Classification Schedule in the Manual of Classification. Patents may be searched in the USPTO Patent Full-Text and Image Database (PatFT), which includes the full text for patents issued from 1976 to the present and TIFF images for all patents from 1790 to the present.
The code of the mobile app cannot have patent rights because the code itself will come under some law that covers the copyrights. So, this process needs to follow some action. For example, the app that runs on the Smartphone will store some data. This app idea will have some patent rights.
Here is one other example you can see in the screenshot below of the emergency communication mobile app patent. You can checkout whole patent PDF here.
The requirements for qualifying the patent
Generally, the patent rights for the application will be determined by 3 important points.
- It should be an invention: Patent is used to protect any inventions of an individual or group of people. According to the World Intellectual Property Organization (WIPO), the patent will be given to the invention and it describes the solution for any problems. A mobile app is not an object, but it is an invention. So, it is possible and essential to have a patent.
You should show some new and unique app idea: If your app is helping to solve any issues or offer an option to communicate with your audience, it not means that your app is eligible for a patent. The idea used in your app should be new and non-obvious.
To make it simple, the app idea should not be disclosed to the public in any format like books, pending patents, articles, videos, applications are other sources. Also, it should be unique and non-existing. Though you are following the app that is existing already in the market, there should be some strong points to distinguish in the app.
The app should be qualified and useful: the patent must be qualified and useful from different perspectives. At the same time, it does not mean that the app idea is not entertained in any category.
The application should work in some particular theory. This will restrict others to apply for the patent as it is useful. So, the app that is developed with more concentration and detailed explanation only claimed for ownership.
Know whether the app idea has been patenting by others
You need to check whether the app idea is not been used by anyone. you should also focus on the pending patent ideas and not only the existing ones.
The database will be huge and you need to have a look at all these things for every small detail and ensure that no one has got the same mobile application.
For a quick search, you can go to the USPTO website and click on the Patents button as shown below in the picture.
You’ll see the next screen to search-relevant keywords of your patent.
When you find such a similar one, you need to make some changes in your app before taking it to the next step.
Time to file for the patent rights
Today, the patent is not given to the person who is not the first one to invent it. However, the person who applies for the patent will get it easily.
This is one of the important reasons for most entrepreneurs to look for patent rights even before they speak to the public about the app. till that all the details of the app are found to be confidential.
As getting the patent is a tedious process, you can seek help from the app patent right attorney. There are several potential lawyers who can help you. Even if you have signed a non-disclosure agreement, you can try to prepare your file accordingly.
Here is the place you can get the patent form.
How much do you spend on the app patent?
Generally, the cost of the patenting for the app will be based on the app that you are applying for the patent. When it comes to the provisional patents, the cost will be approximately $2000 to $5000.
When you are filling the provisional patent, you can develop and ready to launch the application. A provisional patent that lasts for the complete year, you can use this app for the success of the app in launching and using it.
When you are considering a non-provisional patent, the cost will be between $10,000 and $15,000. When you fill the parent, it will be examined by the organization.
This process may extend even up to three years as the examiner need to completely examine the different aspects of the application.
Summary : How To Patent App Idea?
Here is the quick video.
So, you might have got some idea of getting patent rights for the mobile application. Through you are not copying or the others are not copying, the need for the mobile application is too high.
This brings many chances for developing similar mobile apps. Thus, having patent rights will be the best option for people to have a secure mobile application. Get to know more about the patent right and have the patent on the mobile app.
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