Contact us anytime to know more — Amit A., Founder & COO CISIN
Is there anything that can be done to prevent a fate so miserable? Yes. You can patent app ideas. This is a question that people often ask.
It is important to patent your mobile app before releasing it on the market or to investors. This will protect your project and prevent its duplication. We will now look at the details of how to patent an idea in a wide range.
What is a Patent?
If you're planning to start a business, then you have likely heard the term "patent". Patents are intellectual properties that protect your app idea against illegal or non-consensual use.
It also prevents individuals and companies from modifying or selling your app by claiming that you are the sole owner/business owner. A patented app ensures that your app idea will not be ruined or abused by others.
Why is Parenting Important?
A smartphone app must be fully protected by law. The official patent also allows claimants to receive compensation in the event of any violation of current app patent law.
Here are a few reasons why it is important to patent an app idea:
- Your app patent is the best proof that your app idea was original and unique.
- You can legally accuse the person or company who has copied your application.
- Your mobile app idea would not be financially exploited by a third party.
What Are The Different Types Of Patent Applications?
For filing a mobile app patent or for the idea of building a mobile application, different types of applications need to be considered.
This can be very useful in the long term. Below are the details of different types and forms for patent applications.
Application Provisional
The provisional application is the easiest and most common way to file an application pattern to protect the idea of your mobile application or the app itself.
Provisional applications are common in many global economies, and they're widely used to protect creativity and innovation. This application does not require any legal compliance and is a much more informal way of protecting your mobile application idea or mobile application.
The claimant can save a lot of time by filing this application, as he does not have to deal with legal formalities or implications.
With the provisional application, you can file your patent app declaration claim without any formal distributor statement or patent app declaration. The prototype has 12 months to be fully developed and refined. It also allows you to use the phrase "patent-pending" for the art product.
Provisional applications are less expensive than other types of applications.
Non-Provisional application
It is another way to protect mobile apps or ideas. This is a complicated process. Imagine a person who wants to submit a non-provisional patent application for their mobile app or idea.
The person must understand that this will require more legal formalities and that it may be difficult to obtain a patent.
It is important to carefully compile a large number of legal complications. One mistake can lead to a lot of pressure and imbalance in the patent application process.
This is a more expensive and time-consuming application. This type of application requires claims and specifications. The non-provisional application must also contain all the information regarding the app or invention idea and at least one claim which would legally define the limits of the application idea or app usage.
Ask yourself these questions if you're unsure about the type of application you should use:
- How long can you delay the cost of the patent application examination?
- How soon do you need your patent application to be granted?
If you cannot answer these questions, then you should use the custom software development service of Cisin. Their experts will help you determine which type of app protection is best for your business.
How To Know If Your Mobile App Idea Is Patent Eligible?
Consider the following critical factors to determine whether or not a mobile app is eligible for a patent:
Mobile App Ideas should be New and Unique
It doesn't say that your app idea is eligible for a patent if it solves a problem for the user base. Your app idea has to be original.
You should not share your app idea if it hasn't already been published in books, articles or other public sources.
This Should be an "Invention"
Patents are the best way to protect inventions. WIPO, the World Intellectual Property Organization, says that a patent can be a solution to any problem.
Qualify Your Patent As Useful
Lastly, you must qualify your patent for usefulness. It says that your app must perform at least theoretically. It's difficult to patent an app that isn't as useful as you would like.
How to Know If Your App Idea is Patented or Not?
Check if anyone else has already patented the idea for your app. You would have to check all of the other app ideas, whether they are marketed or not.
This data will be stored in a database that is accessible by your country or state.
You can also use the International Patent Classification IPC Catchword Index, which is maintained by the World Intellectual Property Organization.
This index contains data on different international patents. You will learn how to patent an app idea.
When To File For A Patent?
A patent for an app idea store is only granted to someone who first files a patent on it. It does not go to the person who invented it.
Startups and entrepreneurs often choose to submit a provisional application before revealing all the necessary details.
You might find several patent attorneys that advise you to first patent your app idea before sharing it or discussing it with investors.
Information and Documents Needed to Patent a Mobile App Idea
It takes a lot of paperwork to patent a mobile application idea. The following documents are essential to the patenting process:
- Oath/Declaration
- Entity Status Form
- Specifications
- Information Disclosure Statement.
- Claims
- Application Data Sheets (ADS)
- Drawings
- Patent Cooperation Treaty for International Filings (Optional).
- Fee Sheet
- Request to Make Special (Optional).
- Cover Sheet
How To Patent A Mobile App
This section will answer one of the most frequently asked questions about mobile app development: "How to patent an application?"
Find and Hire a Patent Attorney
To present a high-end, well-formed patent and increase your chances of getting your patent application selected, you should consult and hire a lawyer who specializes in software patents.
It is better to hire an expert than try to do it yourself since it's a legal procedure that could include litigation.
You should not choose the first lawyer you find. Make sure you do your research to find the best attorney within your budget.
Mobile App Invention Disclosure
The first step is to have an idea. This quote is not valid unless the idea has been brought to life (at least in part) and confirmed as feasible.
Documenting the entire development process is important, as the court will need tangible proof to grant a patent. You can also create a model of your application in order to understand its flow.
This will help your lawyer figure out how to patent your app since the functionality and processes of the app are what gets patented.
It is a great way to understand the implications of your app in different industries. You can also think about other elements of your mobile application that are patentable.
Practice Patent Search
It is important to have a patent attorney conduct a global search to find applications that are similar to yours or have functionalities or flows similar to yours in order to avoid unanticipated infringement by other companies.
It is much better to invest a few dollars and increase your chances of having your patent sanctioned than to have to start all over again.
The USPTO's website is a great place to start your research.
Filing a Non-Provisional or Provisional Patent Application
You can choose between two different types of patents to use for your mobile application, non-provisional and provisional patents (explained above).
Non-provisional patents are the best option if you need your patent granted quickly. If you need more time and are not in a hurry, a provisional application is the best option.
It will never be examined.
Submit your Application
The final step in patenting an app is to file a patent application. After you have completed all of the steps above and created a patent, you will need to file the application with the USPTO.
This is a long and tedious process that involves a lot more paperwork. However, it must be completed. You may need to provide certain documents during the process.
- Oath/Declaration
- Specifications
- Entity Status Form
- Information Disclosure Statement.
- Application Data Sheets (ADS)
- Claims
- Patent Cooperation Treaty Optional (for International Filings).
- Drawings
- Request to Make Special
- Fee Sheet
- Cover Sheet
What Is The Best Way To Determine If Your Mobile App Idea Qualifies For Patenting?
There are several factors that need to be considered when determining whether a mobile app patent is eligible:
- Your App Idea Should be Unique and Brand New
You should ensure that the app is viable before you start developing it. Patents are not granted if your app is designed to solve the problems of user engagement.
Your app should be original and completely unique. It cannot be copied from another source. You should also not disclose your app idea on any public document, including a book, website, article or other source.
- Apps must be Useful to Qualify
Your patent must be useful. Your app must perform well, both theoretically and practically. It is difficult to obtain a patent if your app isn't useful.
- This Should be more of an Invention
Patents are usually granted when an idea is a solution to a problem. According to the World Intellectual Property Organization (WIPO), patents are the best way to protect inventions.
Let's now move on to the requirements to patent an app.
For the affordable mobile app development process you can contact Cisin .
What is the Patenting Requirement for a Mobile App
In most countries, the three main criteria used to evaluate your application are the same. The same criteria would be used to answer the question of how to patent an application:
- You should check this first on your list. It is not enough to patent an idea for an app. When filing a patent application for an app, you must include all important details, documentation, and information about your project. This includes the code, the flow, and the functionality of the application.
- Let's look at the Alice Corp. v. CLS Bank International case, which involves a patent on a mobile application. The Supreme Court initiated a two-step analysis. First, it was necessary to determine whether or not the patent claim included an abstract concept, such as a computation method, algorithm, general principle, etc. The procedure will move on to the next stage if it contains an abstract idea, such as a method of computation, algorithm or another general principle. The claim is considered patentable if it does not meet the two other criteria.
- The court must determine whether the patent claims add "something more" to an abstract idea that already exists. It could be a "new concept". If the answer is negative, then it would be considered invalid.
- Second, you need to determine whether or not the app (or invention as it is called) is new. The application must have something unique and completely different.
- You need to ensure that your idea is not already patented by someone else, or your patent request will be denied, and you could be charged with infringement. So, do your research. For more information, you can consult the USPTO or Google Patents.
- The third and most difficult criterion is that the app must not be obvious. It means that your project won't be approved if all it is, is the amalgamation or integration of pre-existing technology, with a slight modification, without any unique feature or functionality.
Patenting Apps Benefits
You should now be familiar with the details of patenting an app for mobile. Now let's discuss the two major benefits of patenting a mobile app:
Competitive Advantage
In the app business model, creativity and innovation are key factors. A patent can prevent competitors from entering the mobile app market ahead of you.
You can apply for a provisional app patent.
Then, from a technological standpoint, your app can be labeled "patent-pending". In such cases, the professional patents that you receive will have the original filing dates.
This way, you can be sure that no one else will copy your app without your permission.
Digital Asset Protection
You can patent your mobile app to protect digital assets you've created or those you are still working on. Patenting also allows you to receive damages, complaints, and compensations in the event of an app idea being copied or violated.
Read More: How to Create an Excellent Mobile App Development Team?
The Cost of Patenting an App for Mobile
In order to answer the question, "How much will it cost me to patent an app for my mobile phone?" It depends on the type of patent application that you submit.
Refer to the USPTO list to learn more about costs and fees. Here are some of the basic fees that you will be required to pay when filing an application for a patent on your app:
- Basic filing fee: $75-280+
- Patent search fee: $150-600
- Patent Examination fee: $180-700
- Maintenance fee for 3.5 years: $400-1600
- The maintenance fee for 7.5 years: $900-3600
- Maintenance fee for 11.5 years: $1850 - 7000+
To give you an idea of the cost, the provisional app patent can range from $2000 to $5,000, while the non-provisional application costs between $10,000 and $15,000.
When Should you Patent your App or App Idea?
Patents are only awarded to those who file them first, not the inventors. If you have an app or idea that is unique, non-obvious, and has the potential to change the world, it's important to file a provisional or non-provisional patent application.
Let's look at a few more conditions to further explain this:
- Once your app is unique, original and technically ready to launch.
- You should have a separate account for the development of your app and funds for protecting your intellectual property.
- You have a working prototype, and your team has started to work on the MVP.
You can apply for a patent if you have met all of these business requirements.
When Should you Not Patent your App or App Idea?
Remember that patents are only granted to apps that have unique advanced features and functionality with no basic features and that do not copy the applications of competitors.
Here are some conditions or situations where you shouldn't patent your app:
- If your application has been developed technically, but it is a recombinant that uses the source code of an open-source software program.
- Your app should be an improved version of a product that already exists.
- Your app is in the testing phase while your team works on its financial, technical and legal feasibility.
- You may be about to start the development phase of your app with a budget that is limited for testing, support, marketing and maintenance.
What is The Time Required to Patent a Mobile App?
After we've looked at the cost of an app patent and how to obtain a patent, let's look at the length of time required to complete the process.
Most often, the application is rejected, and it has to be resubmitted. This process may take up to four to six years, depending on the circumstances.
It took Mark Zuckerberg 6 years to obtain a Facebook patent, which was finally granted in 2012.
Why is Patenting not for Every App Owner?
Patenting is not necessary for all applications. We will highlight some issues you need to consider before pursuing a mobile app patent.
Patents Tend to Block Vital Resources
Patents can have a negative impact on both personal and corporate resources. Patents can have a negative impact on the resources of both individuals and companies.
- Cost - In the range of 3 to 5 years, the average cost for filing a patent is $30,000. This, along with the legal fees, can bring startups into the red zone of the Profit and loss statements.
- Time - The patenting process can take several months or even years. This bandwidth takes a lot of time and energy from the execution of your app idea.
Protection not Guaranteed
Patent violation cases are specific. Even the most strict agreement may not provide you with the protection that you seek when the violation occurs.
Many brands are faced with issues of rip-offs, where the app is slightly modified to appear new. A patent would be of little help in these cases.
Many Companies Tend to Refine Their Original Ideas
It's very normal for a startup company to change its goals and innovative ideas. Patents tend to only protect the original inventions, not subsequent iterations.
Startups would then have to re-apply for patents each time they make a pivot or update their application.
Alternatives to App Patents
The debate over whether mobile apps should be protected by copyright or patent has been going on for a long time.
Copyright, like patents, is a form of IPR. However, it's a bit different. Copyright is a type of IPR that is similar to patents but is a little different.
The idea is not protected, only the expression. In our case, the copyright only covers the idea and logo of the app, not the actual app, because it doesn't cover any facts, ideas or systems.
Trademark
Patents prevent others from making and selling the invention protected, while a trademark protects the words, phrases or symbols that identify the products or services of their originator.
This stops other competitors from using these mobile devices. A trademark can be granted for your logo to prevent your competitors from stealing it and causing confusion among active users.
NDA (Non-Disclosure Agreements)
It is usually signed between you and the mobile app development company The NDA legally binds the parties to maintain your app's idea and technical details confidential.
It protects your idea from being stolen by others.
What Does the Cisin Recommend?
Patenting has helped zero launches. In our digital experience, we have missed the development and deployment of over 500 digital products.
Utility patents are useful in certain cases. However, unless and until you have invented a completely new method of doing something or a new use for a device, there is no reason to waste your time or resources on them.
The lengthy process of getting a Patent not only slows down the agile development industry but also becomes a roadblock to product-market fit and target market.
Final Note
You can patent mobile apps (not just ideas, but there must be tangible proof that the project actually exists). If you are thinking about patenting your mobile app, it depends on what your needs are (as mentioned in the article).
App patent protection is an important way to protect your intellectual property. It can last up to 20 years and will prevent your app from being copied, used without consent, etc.
We Cisin comes under top app development companies we are ready to help you out.
