How to Patent an App Idea – Everything You Need to Know

Congratulations! You cracked a wonderful idea of creating art in the form of a product or service or both to cater to the needs of humankind. Alongside, your creation has an immense market potential to rule over worldwide through a mobile app, offering the world convenience with a single click. You need to patent your app idea to protect it from getting stolen or being imitated or duplicated. But, do you have any idea how to do it? Don’t worry, we have an optimum list of solutions made to serve your every need concerned with Mobile App Development and patent an app idea, covering each determinant adhered to it. 

First, getting on further, let us discuss the idea of patenting a mobile app and why you should consider this important to go through the patent application process. So, let’s dig in. 

What does it mean to patent a Mobile App Idea?

A Patent is a type of intellectual property you need to secure your business, art, or creation from getting stolen or duplicated. Therefore, you need to get a patent for the mobile application you wish to launch to facilitate the needs or requirements of others. In this light, patent an app idea is prevalent to secure its exclusive rights from getting misused, sold, or distributed without your consent. Moreover, it can protect the uniqueness or USP of your concerned app, and its related technology, methods, or processes.

Now, you will ask, can you patent an idea for that matter? The answer is Yes. Patent drafting can be done for an idea, app, technology, product, or brand name. In addition, it adheres to several benefits associated with it in terms of legality. For instance, when you get your idea of establishing an On-Demand App Development Company patented, you enter into a legal framework. It will protect your legal rights regarding your app or business idea and provide a term of exclusivity for a particular period. 

Significance of Patenting an App Idea in the Ecosystem

In this ever-competing marketing market environment, the digital world may prove to be a valuable source to flourish any app business, thus concerned. Moreover, patent an app idea presents to be a great strategy for various business professionals and developers. It may embark renowned significance to the ecosystem in the following ways: 

• Check for Competitive Advantage:

Patent an app idea is surely a plus point in securing the rights of your innovation or creative intellectual property. Moreover, it will create barriers for new entrants in the market to duplicate your product. 

• Understand the market potential:

Through extensive research, using patent databases, you may get an in-depth knowledge of the market trends as well as the technological advancements along with marketing trends over numerous websites and social media checklists. It may prove to be a great help in understanding the market standing of your concerned app, product, or service in your business industry. 

• Attracts Sponsorships:

Numerous investors tend to prefer distinct start-ups to emerge with patented technologies, due to the merits attached to it, in terms of perceiving the overall value of a business, say, for building a Real Estate App Development Company. 

• Grabs several Opportunities for Licencing:

It gathers several opportunities concerned with licensing to your app development business or any concerned business pursued online through an app.

What are the Different Types of Patent Applications?

There are a few types of patent applications that can be filed to protect your mobile app from getting stolen. Each of them is meant to serve a different purpose, so read the list below to carefully patent an app idea:

Types of Patent Applications

Note: Remember, each type of patent application process serves variant needs, therefore, you need to choose the patent type that suits best for you according to your situations, needs, or requirements. Make your decision carefully in this regard. 

How to Patent an App Idea in 7 Steps?

Answering this question, ‘How to patent an app idea’, may get complex as a whole, but we can easily break it down into simpler and manageable steps to patent an app idea. These efficient steps are given below: 

Step 1: Documentation: 

Documenting an idea concerned with your Android App Development considering each detail of essential information to patent an app idea. It must include a detailed description of your Android app consisting of purpose, target audiences, as well as its distinctive features. 

• Purpose: it will constitute the problem that is solved by your app or the utility you’re serving to mankind. 

• Target Audience: Here, the people must be determined, who could be the end consumers of your service. 

• Distinct Features: In this, you need to mention the USP of your app in relation to the service sold or presented in front of the user. 

Step 2: Research Conduction: 

The most critical element of conducting research is to acknowledge if similar ideas exist in your business market. It thoroughly involves the use of patent databases to check the accuracy, uniqueness, similarity, and market potential of your app. These patent databases are namely: 

• Google Patents: This is a user-friendly tool helpful for searching global patent records. Moreover, it makes prior art searching much easier than ever before. 

• USPTO: It stands for United States Patent and Trademark’s official database systems, widely popular for terminating the rights of others from using, imitating, selling, or offering for sale your innovation by abiding by a legal barrier. 

Step 3: Ability Evaluation of Patents: 

Patentability is the criteria fixed to patent an app idea that is unique, free from biases, and new to the user’s attention. There are 3 major factors under which you may assess your app idea: 

• Thought must be unobvious: Check the uniqueness or indistinctiveness of your app, based on the criterion to remain unrecognized by the skilled professionals of your field. 

• Novelty: It is a factor that checks the uniqueness of your app idea. 

• Utility being served: It checks for the practicality of patenting your app idea. 

Step 4: Opting for the Right Patent Type:

Here, you must choose the type of patent you require for your mobile app. However, the type of patent application can be decided based on the features of your app as well as keeping in mind the utility you serve. There are some of the patent types given below:

• PPA & NPPA: This calls for a tough decision to choose between the two of these, which one to pursue. Here is the solution, if you are doubtful of your creation according to its ability to scale in its industry market, PPA serves as a great solution. Besides, if you are confident that the app idea you have created adheres to profitability then you do not require any provision, so just opt for NPPA.

• Utility  Patent: It is the type of patent, issued for serving a particular type of utility such as Food Delivery App Development serving the niche of providing convenience to the users serving meals from their favorite restaurants at their doorstep. 

• Design Patent: These types of patents are provided to non-obvious creations and only when the design is formulated using correct and novel algorithms.

Step 5: Patent Drafting:

The task of drafting your patent application must be done meticulously. It must include several components such as Title, Abstract, Claims, and Detailed descriptions of each element present in the document. Below presented a quick list of elements that you must include in your patent application: 

• Specification, Declaration of your invention or oath

• Data Disclosure Statement, Entity Status Form, Drawings and Claims

• Application Data Sheet, Fee Sheet (or, Receipt), Cover Sheet

Step 6: Patent Filing Process:

Checking for the right source like the Patent Office while filing a patent application. Moreover, catering to the additional requests of the examiner, requiring certain clarifications or modifications of your concerned patent for mobile application. There are several things that you need to know filing for a patent process:

• Confidentiality: Your invention must be kept secret or confidential before filing for a patent or once your patent process has been completed. 

• Patentability and Pre-filing searches: You need to ensure that your creation must be unique, unobvious, serve as a technical resort to some issue or need currently prevailing in your industry market in accordance with the audiences you ought to serve. Moreover, check the availability of patents through several databases provided all over the Internet such as Espacenet, USPTO and much more. 

• Subsequent Fillings: This is concerned with a priority period, which states the time period that protects your invention for a period of 12 months from the priority date. It must be pursued in each jurisdiction separately.

Step- 7: Patent Office Action-Response: 

After getting further with the patent filing process, you ought to receive certain official messages or notifications from the patent office. Here, you need to respond promptly as well as in a comprehensive manner. It will ensure the smooth regulation of your Android app. Here are two main factor that you need to address regarding this step: 

• Respond to Comments: While checking the progress of your patent application, check if any action has been rightly taken over it. Then, you must proactively respond to the requests made by a Patent Officer to shower the positive impression on them. 

• Pay Maintenance fees regularly: After getting the approval, you need to pay maintenance fees regularly either on a monthly or annually basis, as priorly mentioned in the document signed by you.

Can You Patent Your Mobile App Idea?

Absolutely Yes, you may patent an app idea for your mobile app, but with some caveats. Some of the key considerations are given below:

• Specific Implementations:

Patents usually tend to protect the specifications of the ideas rather than the whole idea on its own. It is responsible for ensuring the incorporation of distinctive features, methodologies, and technologies that need to be clearly defined. 

• Documenting:

Proper paperwork is required in the Cross Platform App Development to strengthen your patent eligibility case. It will help you to manage the search records, developments, or any changes made to your app idea. 

• Creativity/ Innovation:

The mere presence of novel algorithms, methods, and processes will make them eligible for receiving protection to patent an app idea. App or any concerned feature incorporated using the idea of duplication would not qualify. For instance, if you are seeking to provide Beauty Salon App Development Services to your concerned audiences, you need to add up discounts or features of your own such as preparing your in-house botanical products, all-natural, using your own ingredients, might qualify.

Types of Mobile App Ideas You Can Patent

There are a number of types of innovative mobile app ideas that you may be eligible for getting patented: 

• Novel Algorithms: 

Your absolute mobile app creation must include unique, distinctive, or novel algorithms that are built to resolve an issue or offer some utility if you are looking to draft a patent for it. For example, Mobile gaming apps, educational or learning apps providing different courses, etc. 

• Creative Interfaces: 

Creative UX/UI Designs that are formed to improve the overall experience of its users through interaction are eligible to get patented. For example, Social media apps for connecting communities across the globe.

• Technology Stack:

 A combination of existing technologies along with their advanced versions or specially integrating newer technologies, may get approved the concept of patentability. For example, AR/VR-based apps, IoT apps, and so on. 

• Formulating New Business Models: 

New business models inclusive of the latest processes, functions, or methods for accomplishing a particular task must qualify. For example, Healthcare apps provide medical services, subscriptions, diet charts, pharmaceuticals, and much more. 

Why Should You Patent an App Idea?

Thinking of the reasons to patent your Mobile app idea or what is the need to patent an app idea. Here, are some of the quick reasons presented below: 

• Opportunities for Monetizing: It opens channels for monetizing your creation without fearing duplication of the products or services you are selling online. Along with this, it opens several doors for attracting licensing deals. 

• Attracting Sponsorships: Many investors often tend to choose startups that are indulged with their legal backgrounds checked and are clean without any reputational damage due to their indulgence in illegal activities. 

• Attaining Market Credibility: Patenting an app idea would give you a competitive edge in your industry market due to its uniqueness and legal frameworks. Moreover, it will enhance your business valuation. 

• Protection Against Infringement: It directly protects your creation or innovation from getting imitated or used without your legal permission.

How to Check Whether Your App Idea Has Already Been Patented or not?

Whenever you are applying for a patent, you need to thoroughly research the idea that already exists in the current market or has been priorly patented. Following are the tips to check if your app or the idea has already been patented or not: 

• Using Online Patented Databases: By using certain patent check databases like USPTO, Google Patents, etc. In addition, certain international databases can be used for patent checks such as WIPO, EPO, and many more. 

• Hiring a Patent Attorney: If you are constantly having doubts regarding the results of the database searches, you may consider the option of hiring a Patent Attorney, who will provide you a shear guidance on the patentability of your concerned mobile app. 

• Examining Current Patents Available: By searching the correct keywords as well as classifications by your app functionality, you may shorten your search duration. Through this, your examination in terms of the patent filing process becomes much easier. 

When Should You File Patent Application for Your Mobile App Idea?

Correct timing is required to be assessed while undergoing a patent filing process, below are the key considerations presented: 

• Idea being Solidified: Whenever you have developed an idea or a niche for a business or your concerned app. You become eligible for the patent. 

• After Initial Testing: As soon as your first testing is completed, you have ensured that all the functions of your mobile app are working correctly. You are ready to patent an app idea, prepared by you. 

• Before Public Disclosure: Filing your patent application before publicly disclosing it is necessary to ensure that no one claims your app when it has been launched or even after that. 

• Seeking Investment: If you are looking forward to checking for sponsorships or investments, you should file for a patent regarding your app thus, as most of the sponsors prefer patented ideas or an app. 

Why is Patenting not for Every App Owner?

Patent an idea for free does not apply to all mobile apps. Moreover, not every idea or app is eligible for patenting due to duplication, infringement, or stolen ideas of any concept or utility or else some other app serving the same utility as their core business function. Along with this, there are also certain factors enlisted that make it inappropriate for many mobile app owners. These reasons are given below: 

• Finances: Patenting involves some sort of finances you cannot go for patent an idea for free. That is why it has not been considered by many app owners as a great alternative. 

• Market Dynamics: If you are not sure if the idea that you have published, is going to adhere much to profitability in the long run considering your target market, patent an idea is not the best route for you. 

• Availability of alternatives: Moreover, the threat of substitution may lead you redirected towards the lower pay scale. That is why you need to thoroughly look at your app development idea. 

• Complex Processes: We all know, that entering into a legal jungle is full of documentation and several permissions that you need to take from a number of officials, which seems not so preferable by many entrepreneurs or app developers. 

What Are The Alternatives to App Patents?

There are several advantages to patent an app idea, but it does not seem feasible to all app owners. That is why, there are certain alternatives available in the market to cater needs of the exceptional: 

• Copyrights: It automatically get applied to the graphics, code, and content of your app without involving any need to formally register it. 

• Trademarks: These are responsible for protecting your brand name, logo, slogans, vision, mission, and other branding identifiers through trademark registration. It thoroughly prevents others from using your app design or any branding idea made by you as their own. 

• Trade Secrets: It helps you to keep the novel algorithms and features of your app undisclosed through non-disclosure agreements (NDAs) as well as several other securing practices. 

• Agreements/ Contracts: Use the practice of building a contract to safeguard the interests lied with your intellectual property, especially while collaborating with other partners or developers. 

Conclusion

In conclusion, it can be said that patenting an app idea can be a crucial step for a number of entrepreneurs, developers, or mobile app owners. This is highly recommended to protect their intellectual property from getting stolen, misused, or duplicated as well as to gain a competitive edge in their industry market through their efficient innovations. Moreover, by thoroughly understanding the patent filing process, the eligibility criteria, and shortlisting the various alternatives available all over the Internet. It is extremely important for adhering to the long-term success of your business idea or an app thus concerned. +

FAQs – 

1. How do you apply for a patent? 

A quick solution to this question, is under a few steps, namely, documentation, thorough research needed, patent determination, preparing a patent application and evaluating its related costs, filing your application, issuance would be done and you need to maintain your patent requirements regularly, once approved. Moreover, if you are following the path of a Real Estate App Development Company, you would require a Patent Application cost to be around $8,000 and $10,000 to be charged initially. 

2. When should you not patent your mobile app idea?

Whenever you are backed by limited resources to pursue, products with short life spans, time constraints, and lack of innovative or creative ideas, You should not proceed with the idea of patenting a mobile app. 

3. How much does it cost to patent a mobile app?

The patent application cost may subsequently vary depending upon numerous factors such as typing of patent, legal fee, additional costs, and total estimated costs. If you are looking forward to opening a venture offering Grocery App Development Services, then your patent costs would be as follows. Typing of patents largely involves Provisional Patent application costs ranging between $65 to $300 and Non-Provisional Patent Application costs around the cost frame of $300 to $1,600. The Legal framework costs in the frame of $5,000 to $15,000. Additional costs constitute patent search ($500 to $2,000), drawings ($100 to $500), and maintenance fees ($100 to $500). Likewise, the total estimated costs could be estimated as $5,000 to $20,000, covering all the previous costs aligned. 

4. What are the eligibility criteria to qualify for a patent?

To thoroughly qualify the absolute criteria for filing a patent, you must fulfill four basic factors, namely, Novelty, Non-obviousness, Patentability, and the Utility attached to it. For instance, if you are looking forward to providing Social Media App Development Services, you must include unique features, updates, or transitions to stand out in an ever-competing market. Moreover, it must serve any utility such as recognition, entertainment, spreading awareness, and so on.