A Mobile App Idea: How Do You Patent It?

 

Do you have a unique app concept in mind? Are you concerned that someone might steal it and use it before you? Fortunately, patent, trademark, and copyright laws protect mobile app innovations. Many entrepreneurs and startup founders assume that patenting their software ideas protects them from being used, made, or sold by others.

A patent is essential to protect a unique app idea against copycats in the marketplace who may try to steal it. However, in order to be subject to patent law, your app idea must be novel and unique. If it’s a clone of another program, your efforts will be useless.

“How to patent a mobile app” is one of the most frequently requested topics by startups and entrepreneurs before beginning mobile app development. If you have a unique app idea, we will cover the ultimate method to patenting a mobile app idea before discussing it with an app development team.

What Does It Mean To Patent A Mobile App Concept?

In layman’s terms, a patent is a type of intellectual property legislation.

• Protects your app concepts against unauthorized and/or non-consensual use.
• Other companies or individuals are prohibited from changing or selling it, as you are the rightful proprietor of your app idea.
• Ensures that no one gains or loses money by claiming credit for your original invention unjustly.

Is it possible to patent your mobile app concept?

Because it’s an element with several ways of interaction, you can patent a mobile app idea. Because it is under the law category covered by copyrights, the app code cannot be patented. As a result, you can patent the app’s method or approach for completing a given task.

Why would you want to trademark an app concept?

Your app idea qualifies for protection because it is your only intellectual property. With an approved patent, you have the legal right to seek compensation from anyone who attempts to break current patent restrictions. The following are the primary reasons for patenting an app concept:

• Every clone of your original application that is launched before or in the lineup with the latter can be legally accused.
• Your patent establishes the originality and distinctiveness of your app concept.
• Your mobile app concept will not be commercially exploited by any shrewd party.

What Are The Eligibility Requirements To Get A Patent?

A mobile app idea’s patent eligibility is determined by three key factors. The following are the details:

1. It Has to Be a New Idea

Patents are used to protect new inventions. They are offered to the invention that is stated as a remedy to every difficulty, according to WIPO (World Intellectual Property Organization).

The app process is classified as an invention because the mobile app idea is not a tangible item. Nonetheless, the process, like any other invention, should resolve all issues.

2. Your app concept should be fresh and original.

Even though your mobile app idea solves a problem for users, it may not be eligible for a patent. Your application concept should be fresh and unique.

It should not have been made public sooner, and it should not have included YouTube videos, books, papers, pending patent apps, and other sources. It must be unique and not already be in use; otherwise, you will not be able to patent it.

3. It Must Be Considered Useful

Being classified as a helpful app does not rule out the possibility of your software falling into the entertainment category or anything similar. All your software needs to do is work, at least in principle. This prohibition prevents people from patenting ineffective apps.

As a result, in order to identify your software as an asset, you must write a clear and concrete description of how it works.

How to Determine Whether or Not Your App Idea Has Been Patented

Check to see if a potentially unique mobile app idea has already been patented by someone else. As a result, every linked app idea that is either pending or marketed requires a thorough investigation. Your state or country will have a database where this information can be stored and viewed.

Furthermore, you can search the WIPO’s IPC Catchword Index, which contains information on many international patents. You will be able to grasp how to patent a mobile app idea in this manner.

How to Patent a Mobile App Idea in Basic Steps

The following are the essential stages to understanding how to patent an app idea.

1. Find and register with a patent attorney.

You should counsel and hire a patent lawyer that specializes in software patenting if you want to offer a well-crafted top-notch patent and maximize the scopes of your patent application being chosen. He or she must have prior experience in this field.

Because it is a legal procedure, it may include litigation. So, rather than attempting to do it yourself, hire a professional. It is not advised that you hire the first lawyer you come across. Make a thorough investigation and find the greatest option that meets your budget.

2. Make Your Mobile App Invention Public

Just because you have an app idea doesn’t mean you’ve finished your effort. You must bring the idea to life in order to prove its utility, and this is one of the requirements for obtaining a patent. Because the court will want adequate documentation of your invention before obtaining a patent against your app, you must ensure that the entire process is documented.

You may also create a prototype of your mobile app to evaluate its functionality. This will aid your lawyer in evaluating your app’s flowchart, as it is the app operations and capabilities that are patented, not the code. It can brilliantly assess different activities of your app in other industries and provide you with a new perspective on what other parts of your app are eligible for patenting.

3. Conduct a patent search

Even if you studied well, a patent lawyer is recommended to do a global search for apps that are identical to yours or have the same flows or functionalities.

In this manner, you can avoid any unexpected breaches from other companies. It is preferable to spend some money and ensure that your patent has the broadest possible scope of approval.

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