Are mobile apps a good idea? It’s possible you have a fear of someone stealing your ideas. Obviously, the thinking is quite normal since the industry is gaining ground. Mobile apps are no exception. Now you are probably thinking about patenting an application concept? The answers will be presented below. Original ideas are becoming rare, but when you find the idea you should execute them in such a way that nobody can release them before they are released.
Is Your App Eligible For Patents?
Yes, you can patent an app idea. Before beginning the process of submitting the patent of your app it is important to have knowledge of what is an application for a patent. Smartphone applications can be patentable in the event that they satisfy these three criteria set by the USPTO (United States Patent and Trademark Office):
- The app is original or unique.
- The app is patentable, which means it’s not an abstract idea.
- The patent is not obvious.
The process of creating the app wouldn’t have been evident to those who are experts in the area of expertise. To be considered non-obvious, your app needs to be unique enough to ensure that someone who is skilled in the field could not consider it simple. A patent application may be denied in this regard in the event that the app is a combination of existing inventions or is a modification of an idea that is already in use. Combining or rearranging techniques or processes is obvious, and therefore, an app that relies on these techniques wouldn’t be qualified to be protected by patents.
In order to be considered unique or novel in order to be considered novel or new, the USPTO will scrutinize your application to determine if it was published or patent-protected previously. If it was previously published or patented, the possibility of applying for patent protection may be taken out the window.
The primary obstacle for you to conquer is whether your application is an abstract concept. In the Supreme Court case Alice Corp. in v. CLS Banks established a two-step test to determine abstraction:
- Does your patent include the abstract concept? It could be something similar to an algorithm or general idea.
- Does your patent include an element that can be considered to be an innovative or innovative idea?
Another question to consider is to determine if the idea is not obvious.
If the answer to any of the above questions is yes, then your app is patentable so you are unique and not obvious. Novel simply means that the application is entirely original. It is not a copy of elements of other apps.
It is also necessary to submit your patent application within one year of making it public. The moment you disclose your app to the general public, this year-long period starts.
There are many features of your application you could patent. This includes:
- Server processing
- Mobile interface processing
- The interaction with server
- The combination of mobile and server processing
- Database creation
- The output of an iPhone
- Displaying information on smartphones
- Feedback reporting
- The involvement of third-party servers
- Interaction between devices
- Mobile transactions from third parties
- Tasks related to security and authentication
- Privacy of your data
- User identification
- Data pushing
- Messaging services
- Networking
Different kinds of Patent Applications
Provisional Application
A Provisional Patent Application is the most popular method of patenting an app concept. It is usually the first option that most app development companies begin with when they start the Patent process.
By filing a provisional application you are able to submit it without the need for an official patent claim declaration, or any other information disclosure declaration. Here are a few advantages of the Provisional Application
- It allows the user 12 months to design and improve the MVP.
- You can make use of the word “patent in pending” for the item.
- It’s cheaper to file and prepare the application when compared with an application for a non-provisional patent.
- It allows you to file International applications and obtain priority within 12 months.
Non-Provisional Application
When it comes to speaking about the non-provisional application for patents, it is possible to file without claiming any prioritization of an application filed in a non-conventional country or with no reference to the application which is currently in process in the office. It is known as a non-provisional application.
It is essential to include a complete description and claims. The non-provisional patent application should include information such as an explanation in writing of the invention and at least one claim, which legally establishes the metes and boundaries for the idea.
If you’re unsure what to pick it is best to consider these questions.
- How fast do you need your patent to be granted?
- How long are you contemplating delaying the cost of patent examination?
A skilled patent attorney for software can assist you with all your questions regarding how to patent your app idea. They can also help you decide what patents are appropriate for you. Even an attorney can assist you through the application procedure. The protection granted to patents for inventive and non-obvious inventions is crucial to keep other people from taking your ideas.
What Does the Patented App Idea In Simple Language?
Patents are kind of legal protection for intellectual properties. It protects any ideas you have from being exploited without your approval. The patent grants you the right to be the sole owner of your idea and prevent other people from making use of or selling your invention.
It gives you the guarantee that nobody would copy your concept and claim it as theirs or hers. Within the U.S., the United States Patent and Trademark Office (USPTO) officially issues patents, while Canadians seek Patents via the Canadian Intellectual Property Office.
Let’s consider the mobile application patent of the Apple Company that was sought against Microsoft in 1994. Apple claimed that Microsoft stole its concept of the graphic user interface (GUI) from Apple’s Lisa as well as the Macintosh operating system. But, Apple didn’t acquire an invention patent which led it to choose to support Microsoft.
Are You Able to Patent an Idea For An App?
If you’re looking for a brief answer, then you’re in luck! You can patent your mobile app idea since it’s a component that uses different ways of interaction. The app’s code cannot be patentable as the code itself is in the law that is protected by copyrights.
It is therefore likely to be patentable the process or the process that is used to carry out a procedure. For instance, the application’s procedure that runs on smartphones or other devices is connected with a server and provides information that is either stored or allows it to be utilized on mobile phones. In essence, the app is what lets your phone or device work in a specific way.
In addition, before making an application pattern, it is vital to be aware that your idea must belong to a distinct category. Your app concept is not supposed to be identical or akin to any other application. Anyone with a basic level of skill and experience should not be able to duplicate that identical app idea. For instance, Calculator, Chess are among the examples of mobile apps that are common concepts.
What Are The Requirements To Be Able to Qualify for A Patent?
Generally speaking, eligibility must be the criteria for patenting the mobile application. These are the 3 essential elements that will allow your application for patent protection:
It must constitute something that is an “invention”
Patents are generally used to safeguard inventions. Patents are granted to an invention considered to be a remedy for a problem, as per the World Intellectual Property Organization (WIPO).
We know that the idea of the app isn’t a tangible object, therefore the procedure of creating the app is classified as a mobile app innovation. But, it is crucial that, like all inventions, the process has to resolve every issue.
A Concept For an App Must Be Original and Innovative
If your mobile app concept solves a problem for users, it does not necessarily mean it’s suitable for patent. It is essential that the idea you are proposing is unique and not obvious. Simply put your idea is not previously disclosed in public formats such as books, patent applications in pending and videos on YouTube, articles, as well as other sources.
Furthermore, it has to be distinctive and unique, and it must not already exist in the market, or else you won’t be able to patent it. As an example, if for instance, you’ve developed an app that is mobile like Uber that solves the problems of tens of thousands of customers by letting them book a ride in just one tap, you cannot patent it since it’s a clone of Uber. Uber application.
It Has To Be Characterized As Being Useful
Not least, your patent has to be deemed as being practical. But, that does not mean that your mobile app concept can’t be classified as entertaining or any other similar category.
This means that your app has to function at the very least in principle. It’s the rule that keeps the patenting of applications that aren’t as effective as they could be. This means that you need to create a clear and thorough explanation of how your application works in order to be able to claim ownership of it.
Does My App Idea Exist? Patented by Someone Else?
To find out if your application idea has already been granted to another person or not, begin looking into the existing and proposed patent application. The USPTO suggests running an advanced search to locate similar items through the Cooperative Patent Classification.
In the U.S., the USPTO has a comprehensive database that contains all patents that are currently in the process of being published, as well as those that are therefore it is a great idea to check the database to see if your idea has been patented by someone else, or not.
If you encounter any difficulties when trying to find patents, both pending and published If you are having difficulty finding patents, make use of the step-by-step tutorial video for conducting searches. Additionally, you can look up the World Intellectual Property Organizations IPC Catchword Index for international patents.
What Documents and Information Do You Need to File for a Patent?
You may have asked yourself: how do I patent my idea for an app? Once you’ve completed your patent application, it is necessary to submit it to the USPTO. Because of the more paperwork involved it can get tedious in the course of time. Because each document must be verified prior to its finalization. The following list of documents is essential needed to ease the procedure.
- Oath/Declaration
- Specification
- Entity Status Form
- Information Disclosure Statement
- Applications Data Sheet (ADS)
- Claims
- (optional) Patent Cooperation Treaty (for International Filings)
- Drawings
- (optional) Request to Create Special
- Fee Sheet
- Cover Sheet
What is the cost to file for Patents?
In general, the price of a patent application varies depending on what type of patent the application is. In the case of provisional patents, they cost roughly $2000-$5000. After you have submitted a provisional patent, you are able to develop and then launch your application. Provisional patents last for a year, and you may make use of this time to test the effectiveness of your application.
In the case of the non-provisional patents, they typically cost between $10,000 to $15,000. When you file your patent the patent will be examined through the USPTO. The examination can take anywhere from one to three years. The examiner will go through your patent, and then begin the process of searching for patents to determine if the invention is suitable for it.
In case, if you have any doubt related to mobile app development services, how to build an app, mobile app developers cost to develop an app, get in touch with us.
Being a leading mobile app development company, we have already developed many unique & feature-reach apps to enhance our customers’ business growth.
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Author Bio:
Maulik Pandya is a lifelong Analyst, Founder of Evince Development & Eatance. He has good knowledge in Coding, Business Analysis, Providing Enterprise Solutions, Project Management, Sales Consultation, Marketing, Operation Management, Talent acquisition, Mentorship, and Leadership.
Apart from his professional life, he is a good Husband, Father of two beautiful Daughters, a Generous Friend, Garba Lover, Zumba Enthusiast, a Blogger, and a Helping hand to everyone.
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