How To Patent An App Idea – Protect Your App Legally

With increased competition comes the necessity for game-changing software to bring in new users. It's normal to worry that someone else will steal your idea and make a similar app. However, it can be shielded from those with malign intent.

Protecting your app concept with a patent is crucial in today's increasingly competitive app store environment. Nevertheless, make sure that your app concept is truly original and useful before you try patenting it. It can't be just like every other app out there.

Numerous Varieties of Patent Submissions

Top app developers consider the following patent submission:

Provisional Patent Application

The most typical approach to patenting an app idea is filing a Provisional Patent Application. Many app development firms employ this method to protect their apps. If you're filing a provisional application, you don't need to include a formal patent claim, declaration, or information disclosure statement.

Provisional Patent Applications have the following advantages:

• It provides a year to build and perfect the minimum viable product.
• It allows you to label your goods as patent pending.
• The costs associated with creating and filing this application are lower than those associated with a standard, non-provisional patent.
• International applications can be filed, and priority can be claimed within 12 months.

Non-Provisional Patent Application

Non-provisional patent applications can be filed without claiming priority from an application filed in a convention country or making reference to an application currently pending before the office.

The claims and specifications must be comprehensive. A non-provisional patent application must include details like an explanation of the app invention and at least one claim that sets down the scope of the invention in legal terms.

What You Need to Do to Get Your Mobile App Patented

Now we'll take a look at what it takes to get a patent for a mobile app:

Hire a Patent Attorney

You should employ and confer with a software patent attorney with good years of expertise to present a well-formed, high-end patent and boost the possibilities of your patent app being selected. Since it is a legally binding process, legal proceedings will be required. Therefore, you need to consult an expert despite your best efforts to do it yourself. Do your homework and look for the best option that also fits your financial constraints.

Create a Prototype

Your app's patent application will not be accepted without thorough documentation of the app's creation. Therefore, you must create a prototype of your app to learn more about the functionality of the UI. Since it's not the code but rather the procedures and functionality of your software that has to be patented, it would be helpful to show a flowchart to your attorney.

Search Patents Thoroughly

Work with a patent attorney who can look around the world for apps comparable to yours or that perform the same functions and processes.

Submit a Patent Application

When seeking patent protection for your mobile app, you have two options: a Provisional Patent Application or a Non-Provisional Patent Application. Submit your application. However, you must be sure to choose a patent application that best suits your needs.

When deciding between a provisional and a regular application, you should take the following into account:

• How much longer you'd like to put off paying for patent text?
• The timeframe in which you seek patent approval.

File Your Patent Application

At this point, your mobile app patent application is complete. The United States Patent and Trademark Office (USPTO) must receive your patent application after you have completed the aforementioned procedures.

When going through this process, you may need the following documents:

• Data Disclosure Statement or Specification Declaration
• Statement of Claimed Entity Status
• Application Constructions Used in Creating Specification Sheets
• Patent Convention on Cooperation 
• Sheet Protector
• Customized Cost Estimate Form

Requirements for a Patent

The following are the main factors that determine whether or not a proposed mobile app can be patented:

Your App Must Be an Invention

Inventions can be protected with the use of patents. According to the World Intellectual Property Organization, these patents are awarded to the invention that offers a comprehensive solution to any problem. As the concept of a mobile app is not a tangible item, the development of such an app is considered an innovation. A mobile app development company will ensure that your app is patented. However, the approach should eliminate all problems as easily as any innovation.

Your App Must be Practical

Having your app concept qualify as helpful doesn't mean it can't also fall under the area of entertainment or something similar. Your program requires only functioning in principle. This limitation prevents patenting of useless applications. Therefore, you must offer a detailed and clear description to claim your app as an asset. You can hire app developers to conclude the task.

Your App Must be Novel and Original

Your mobile app idea may not be patentable even if it solves problems for users. The concept you use for your application needs to be fresh and innovative.

Public release of the compilation of YouTube videos, books, and pending patent applications should not have occurred before now. There needs to be something new and different about it that hasn't been done before if you want to patent it.

When Should an App Developer File for a Patent?

Whether or not app developers should file for a patent is a tricky question. The response is conditional on different elements, including the app's nature, the inventor's originality and foresight, and the business's priorities.

You can file for a patent as soon as you have a thorough grasp of how your innovation functions. Consider whether you have thought through the coding strategy, the data sources, and the anticipated outcomes.

A patent application can be filed even if you only have a vague idea of how something might work but not enough to walk through the steps necessary to implement it in code. In most cases, mobile app developing companies keep their place in line with the USPTO by filing a provisional patent application before developing their full application because it can take a while to produce an innovation. Flowcharts, drawings, and other details showing how your program works can be helpful in a provisional application but are not required.

Applicants should think about how their ideas may develop further during the patenting process. The specifics of putting your idea into action will become clearer as you run across roadblocks and realize how to get around them. And that will increase the odds of your patent application being approved.

Final Word

There are numerous app development companies that insist upon patenting the app. Having an idea is not enough; there should be tangible proof of the project. When you should consider patenting your app is another factor that is influenced by your needs. Your app will be safe against misuse, piracy, and other forms of IP infringement for as long as 20 years if you get a patent.

Always hire app developers for exclusivity. One such option is an excellent app development company where you get your app patented.