How to Patent Your Mobile App — A complete guide
An excellent idea is like discovering a pearl amid the ocean — difficult to come by but well worth the effort. When it comes to mobile applications, this is more than acceptable. Because the industry is more competitive than ever, you must have a revolutionary app capable of drawing an increasing number of clients. It is natural to be concerned, and rightly so, that someone else may claim that application by developing a comparable one.
Is there anything that may be done to avert such a dreadful fate? People frequently ask, “Can you patent an app concept?” to which the answer is yes, you can patent an app idea. Having your android application patented even before you publicly announce it to the market and potential investors can safeguard your product from being copied.
A patent is a type of intellectual property that protects your software ideas from unauthorized or unlawful use. Furthermore, it prevents other people or corporations from selling or modifying it since it considers you to be the true proprietor of your app concept. Furthermore, patenting your mobile app ensures that no one undermines your app concept or revenues by incorrectly claiming credit for the entire app idea.
Why Patent your App?
Your app concept authorizes safety in the context of being your one-of-a-kind intellectual property. With an approved patent, you will have the authority to seek compensation from anybody who violates current patent laws.
The following are some of the reasons why it is critical to patent mobile app concepts.
· You can legally charge every clone of your presented software before or during the lineup.
· Furthermore, a patent legally guarantees the originality and distinctiveness of your mobile app concept.
· No one can financially devastate your mobile app concept.
Steps to Patent a Mobile App
In this part, we’ll answer one of the most often asked issues by newcomers to mobile app development: “How can I patent an app?”
Find and hire a patent attorney.
To present a well-formed high-end patent and maximize the odds of your patent application is accepted, you should talk with and engage a software patent attorney that has relevant years of expertise.
As it is a legal procedure that may include litigation, it is advisable to employ an expert rather than attempt to do it yourself. It is not a good idea to hire the first attorney you come across. Conduct your research and find the greatest deal within your budget.
Disclosure of a mobile app innovation
“Having a concept is just half the battle.”
To proceed with this quotation, one must convert the concept into reality (at least to some extent) to check its viability, which is a major qualifying condition. Since the court requires concrete proof of your innovation before issuing a patent against your application, you must document the whole development process. You may also design a prototype of your application to deconstruct its flow.
This will greatly assist your attorney in determining the flowchart of your program, as it is the functionality and operations of the app that is patentable, not the code.
This is useful for determining the varied consequences of your application in different sectors and provides you with a fresh path to consider what additional components of your mobile app are patentable.
Conduct a patent search.
Even if you have done your study, it is always a good idea to employ patent attorneys who will do a worldwide search for apps that are comparable to yours or have similar features or flows, in order to avoid surprise infringement from other organizations.
After all, it’s better to spend a few bucks to increase your patent’s chances of approval than to start from the beginning — all over again.
Apply for a provisional or non-provisional patent.
Provisional and non-provisional patent applications are the two forms of patent applications that you may employ for your mobile app. One of the most prevalent types of app patent applications is the provisional application. You will be able to file a provisional application without a formal patent declaration, claim, or even information disclosure statement.
Provisional Application:
It is one of the most often used app patent applications. You will be able to file a provisional application without a formal patent declaration, claim, or even information disclosure statement.
Here are some of the advantages that this application type provides:
· Allows the app to use the term “patent pending.”
· Preparation costs less than non-provisional applications.
Non-provisional Application:
It can be filed without any claims made on the application made in the convention nation or without any app reference that is currently in the office process. It is required that it be supported with a detailed claim and specifications. It must include a written description of the invention as well as a claim that legally characterizes the invention.
Kindly submit your application.
This is the last stage in patenting a concept. After you have completed all of the preceding stages and created a patent application, you must file it with the USPTO. Although this is a time-consuming and paper-intensive procedure, you must see it through.
Some of the crucial documents that you may need during the procedure are as follows:
· Oath/Declaration
· Specification
· Form for Entity Status
· Statement of Information Disclosure
· Data Sheet for Application (ADS)
· Claims
· Treaty on Patent Cooperation (for International Filings)
· Drawings
· Make a Special Application
· Fee Schedule
· The Cover Sheet
What Are the Alternatives to a Patent for an App?
Trademark
Patents prevent others from selling or manufacturing your idea. A trademark, on the other hand, protects phrases, words, logos, symbols, and other devices that aid in identifying the originator’s products and services, banning other businesses from using them.
So, you may register a trademark for your app’s logo to prevent competitors from duplicating it and confusing consumers.
Copyright
Copyright, like patents, is an example of an intellectual property right. However, the distinction between these two is a legal phrase that serves to explain the rights granted to the author or creator of any work, such as artistic, literary, musical, educational, or computer programs. Furthermore, regardless of whether the job is up or not, it allows people to replicate it, advertise it, build variants, and so on.
Furthermore, it protects the presentation of ideas rather than just the concept themselves. As a result, we can only copyright the app logo and not the program itself because it does not protect ideas, facts, methods of operation, or systems.
Non-Disclosure Agreement (NDA)
NDA is a document signed by the entities with which you work. It exists, in general, between you and your app development business. It legally binds them to keep your app ideas and details private. As a result, it protects the notion from being used by outsiders.
Final Thoughts
So, after reading the tutorial for patenting a mobile app concept, you should have a good understanding of everything involved.
Still, if you have any questions or concerns, you may contact a mobile app development business, which can assist you with any necessary questions.
