Most of the entrepreneurs, startups, and even reputed organizations want to patent their mobile app idea as there may be a chance that another party may be stealing the app idea, finally making your efforts go in vain. Even patenting your mobile app idea is not that easy which needs more effort and also your app should be unique. Even if the process is a bit critical, it benefits you by making your app idea secure and also protects you from patent infringement. Here we have given a complete guide to make you understand what is patenting a mobile app idea and how to patent your app idea.
Patenting a mobile app idea
You can Patent your mobile app idea according to an intellectual property law. However, patenting the code is not possible as it comes under copyrights according to the law. Patenting your mobile app idea helps in many aspects as mentioned below:
- Safeguards the idea of your mobile app against illegal and other purposes.
- Prevents other organizations or persons from modifying or selling your app idea as you have complete rights on the app idea.
- Ensure that no one is going to obtain profits on the unique idea or spoils by declaring credit falsely for your idea.
Purpose of patenting a mobile app idea
The official patenting of your mobile app idea legally will benefit you as it helps in case any other party acts against the rules should pay a great compensation. Below given are the major reasons why you should patent the mobile app idea:
- If you have mobile app patent rights, you will be having all the original applications to accuse legally.
- Having a patent, you will get legal rights that your app is unique and original.
- No other party can take advantage of your mobile app idea and get any financial benefits.
Eligibility to qualify for a patent
There are three key points which need to be considered to know the eligibility for getting mobile app idea patent rights.
App idea must be unique
The mobile app idea must be new and unique which should not exist earlier in order to get eligible for patent. Your mobile app concept should be original and not get published earlier in any articles, Youtube videos, books, etc.
It should be an invention
Patents will be issued in order to protect any inventions. The mobile app idea must be a solution to the user issues. Mobile app idea will also be considered as the invention by WIPO (World Intellectual Property Organization).
It should be useful
Your app must be qualified as useful not only as entertainment or other apps but in terms of theory. The total concept and detailed description of how your mobile app works will be highly useful to claim mobile app idea patent rights.
How to patent a mobile app idea
Below given are the basic steps to know before going to patent a mobile app idea:
Register your app with a patent lawyer
You need to consult a top patent lawyer who is professional and very familiar with mobile app idea patent rights. Don’t try to do it by yourself as the legal procedure of app patenting requires to be done by an experienced lawyer. Search for the best lawyer who is suitable for your requirements within your budget to avail complete benefits of patenting your mobile app idea.
Reveal your mobile app idea
Make sure about the entire app development process with complete proofs of your invention. You need to explain the app development process, functionalities of the app, flowchart of app, etc. to get the app idea patented by the lawyer. You can give complete details like how your app is beneficial for many industries and various components of your app to get your app idea patented.
Exercise patent search
Even if you have done a good research, it is still suggested to approach a professional lawyer who can efficiently conduct a thorough research of apps which are similar to your app with the same functionalities or flowchart. This helps you not to violate any legal rules. You may spend some money and make sure your patent is having the better scope to get approval.
File provisional or Non-provisional patent application
To get a patent for your mobile app idea you can file a provisional or Non-provisional patent application. In provisional application, you can file easily as it doesn't require any formal patent claim or declaration, or disclosure statement. This is more budget friendly when compared to Non-provisional patent application. In a Non-provisional patent application, it must go along with a complete claim and specifications. It must also include a written description of the invention which needs to be legally defined.
Submit your patent application
Submitting your patent application is the final step to patent a mobile app idea. After completion of all the required steps, finally prepare a patent application and submit it with the USPTO. During this procedure, you need to submit some documents like specifications, declaration, entity status form, data disclosure statement, application data sheet, claims, drawings, cover sheet, fee sheet, etc.
Cost and time to patent a mobile app idea
The cost to patent a mobile app idea may depend on the category of the patent. Usually, the price for provisional patent will be $2000 to $5000. The provisional patent has a maximum validity upto one year. You can launch and get to know about the success of your app in the market using the provisional patent. The cost for provisional patent will be $10000 to $15000. Most of the time there might be a chance of getting the application rejected which requires it to be submitted again. Based on the situations, the whole process may take 4 to 6 years of time.
Conclusion
Patenting your mobile app idea is very important as it acts as a shield and protects from getting your app idea copied by others. Even if it is a lengthy and time consuming process, it is recommended to patent your app idea. If you have signed a non-disclosure agreement (NDA), then it will be easy for you to get a patent for your mobile app idea quickly. Nextbrain Technologies is the top mobile app development company in Bangalore with expert mobile app developers specialized in offering high-quality, unique, and secure mobile apps to the clients globally.
Saran
May 17, 2021 Author