Introduction
Patenting your application becomes very important for your application if your application is patient then it protects the patent an app idea for your mobile application. In order to be applicable to the patent law, it’s essential that your idea should be unique, and your application should not be a clone of any other similar application. Now, one should have the knowledge of how one can patent an idea for the application.
There are several intellectual property laws, such as trademarks, patent, and mobile app copyright, that provides protection for your application ideas. In the world of technology, mobile applications are becoming increasingly popular, and the number of people using mobile applications is increasing day by day. An app patent is a legal document that grants an inventor exclusive rights to their invention for a certain period of time. It is important to note that not all applications are patentable, there are certain criteria for an application to be eligible for being patent.
One of the most important criteria for patenting your mobile application is being novel. This means that your application must be unique and should have features which are not available in any other app previously. To patent your application there are certain steps that one needs to follow. Below are the following steps which you can follow to patent your application idea:
STEP 1: Choose a Suitable Patent as Per Your Requirement:
There are some different types of app patents available, and you need to select any one from the patent available, according to the best patent which is suitable for your mobile application. There are majorly three main types of patent, from which you need to choose one according to your requirement. Let’s know about those three main types of patents:
- Utility Patents: This patent covers the functional aspect of inventions or product discovery. In case you want to obtain a patent for your mobile application, utility patients are the best fit for your mobile application. Utility patent assures the guarantee for a period of 14-20 years. To obtain a utility pattern you need to file a patent application with a relevant patent office. The application should include a detailed description of your application, along with diagrams, that can help to explain your requirements.Â
- Design Patent: This patent for an app idea covers the protection of unique visual quality or any design of a manufactured item. A design patent provides protection for your design which is registered by your organization. After the design patent is awarded, it is only valid for a tenure of 14 years and is non-renewable. For the same, you need to file the patent application, with the relevant patent office. The application should include a clear and complete description of the design along with the design and photographs, which are required to illustrate the design.Â
- Plant Patents: This is an intellectual property right that protects the new and unique plant’s characteristics, from being copied, sold, or used by anyone. It is granted to one who produces something new and distinctive by breeding or selecting. The application of the plant planet must include a detailed description of the plant, including its botanical name, its unique characteristics, and any comparison to such a similar variety. Once the plant patent is granted, the owner has the right to sell, reproduce, and use the plant for the next 20 years.Â
STEP 2: Conducting Deep Patent Research:
This includes researching your application idea to figure out whether your application is already in the market and patented. If there is no other similar patent or application, this helps the chances of your own patent to be granted easily. Patent research for app idea typically involves searching multiple databases, including patent databases, scientific journals, and industry publications. There are many free and paid databases available for app patent research.
Number of patent applications worldwide from 2010 to 2021
If you want to find that there are existing patent an app idea or patent applications that are similar to your invention, this does not necessarily mean that you cannot obtain a patent. It may simply mean that you need to make some modifications to your invention to make it more unique or non-obvious. Conducting deep patent research is an essential process in the patenting process. It can help you to identify potential barriers to accessing the novelty, and non-obviousness of your invention, and make informed decisions about the patentability of your idea.
STEP 3: Preparing and Filing Your App Patent Application:
Once you are done with all the selection and research parts, you can begin with the process of the app patent. An application must have the below specification:
- Describing the invention of the application
- The application’s working
- Having the diagrams and drawings where appropriate
- Designing the application
Note: It is important to provide detailed information in the application, about your application, to determine whether your application idea is novel and non-obvious.Â
STEP 4: Filling Provisional or Non-Provisional Patents:Â
After you are done providing all the details of your inventions in the application, it’s time to file the application for the patent. For obtaining the app patent it’s important to file the patent with the relevant and trusted government agencies. This process of the applicable patent may take a few years and certain rounds of examination.
STEP 5: Timely Response To Any Official Action:
It is important to respond to queries and certain actions timely in order to avoid any sort of delay in the procedure. After the payment procedure is completed, the patent examiner gets to read your application. There are chances that the examiner may issue an office action in writing requesting to communicate further in the application.
It is very important to consider the action request very carefully and in a timely manner to avoid any sort of delay in the procedure.
STEP 6: Charging Maintenance Fee After Your Application is Patented:Â
After the approval of your app patent, there is a requirement for regular maintenance to keep it working. For the same, the applicant for the app idea patent is required to pay the fee on a monthly or annual basis to ensure that the app patent remains active. Though this process of obtaining the patent for your application might be complex, and time-consuming, however, one is advised to hire a patent attorney, who can guide you in the entire procedure and solve your queries and issues which you might face in this procedure.
There are some different types of patent applications, let’s discuss some of the diversified types below:
- Provisional Application: Provisional patent application is a temporary or interim application, filled with a patent office when an invention is not completed in any aspect. A provisional patent application allows you to file without a formal patent claim or any information disclosure statement. There are certain benefits of provisional application which are, it grants 12 months to completely define and develop the MVP, it also allows to fill the international applications, and claim priority within 12 months.Â
- Non-Provisional Application: A non-provisional app patent can be filled without claiming any priority of applications made in a conventional country. A non-provisional patent application fastens the patient growth, the patent tendency is greater than one year, and expedited examination is also available(it is an application filed by the applicant which requests the Indian patent office to accelerate the examination if the patent application under the rule 24C of patient rules, 2003.Â
There are some non-significant factors, such as the patent preparations costs, which means the cost which is required to prepare a app patent. Patent preparation cost is the reasonable fees and expenses which are paid outside the legalities.
In simple language patenting your app idea is an intellectual property law, which means protecting your app idea against the usage of any illegal happenings. It also prohibits the other companies, or individuals from chaining or selling it without permission, because you are your application’s rightful owner. This also includes making sure that no second person gets the benefit of your unique idea, by claiming false credit.
Why Patent An App Idea?
Patenting your application idea is a must because patenting your mobile application protects it from illegal usage. Patenting prevents your app idea from being used in illegal happenings and in the wrong way. Patenting your application legally proves that your idea is unique and not a clown.
To qualify for the patient criteria, there are some eligibility criteria for the mobile application, they are as follows:
How Much Time Does It Require For Patenting a Mobile Application?
Most of the time the applications get rejected, as they need to be submitted again. Depending on the circumstances this procedure may take almost 4-6 years for patenting a mobile application.
There are many alternatives to App Patents. They are as follows:
Trademark
 By patenting an idea for your application, you stop or restrict others from making or selling your invention. And on the other hand, a trademark safeguards the phrases, logos, words, symbols, and other devices.
Copyright
Copyright is also somewhat similar to a patent, as a patent protects new inventions, processes, or scientific creation, and on the other hand the copyright protects the original work of the authorship.
Why Are Patenting App Ideas Not For Every All App Owners?
According to Wikipedia, patenting the mobile application is extremely important, but for some applications, it is not required at all. Because there are some issues that you may face after patenting your application. These issues are as follows:
- Patents Tend to Block Crucial Resources: Cost and time are some crucial resources that startups must be aware of the blocking effect that the patent carries on personal and company resources. Another concern is that patents can block other companies and individuals from using similar technology or methods, which can limit innovation and competition in the market. This can be very problematic for the startups that are trying to enter a crowded market, or who are relying on existing technologies to develop their product or services.Â
- Companies Tend To Convert Their Original Ideas To Perfection: For startup businesses, it is very common that they turn their goals and ideas. The problem here is that the companies need to refill for patents every time they update their application. A patent gives the inventor the exclusive right to make, use and sell their invention for a certain period of time. This can be a significant burden for small startup businesses, who may not have the resources to fill multiple patents for their ideas. However, it is important for companies to protect their intellectual property in order to prevent others from copying their ideas and trying to work on their business ideas.Â
- No Assurance For Protection: Most of the agreements are not able to provide the protection you might seek as an organization. A number of brands face this issue, and because of this, they need to make slight variations in their applications, which makes the application seemingly new. As a result, companies may need to make slight variations to their products, services, or brands in order to continue to receive protection under the intellectual property protection act.Â
Conclusion
Yes, patenting the mobile application is possible, and you can patent the idea for the application as per your needs. If your application meets all the eligibility criteria which are required to patent your application, then it is the best thing that you can do for your application. App patent protection of the intellectual property is necessary, as it protects your application against copying and unconsented usage for almost 20 years. To patent an idea for the app you need to conduct a patent search, and you will need to conduct patent research, prepare and file a patent application, and work with a patent agent.
By following these steps you can patent your app idea successfully, and develop the app successfully. Your app should be genuinely useful to users and should meet all the needs of your users. Full-fledged research is also required to do the same and this can be very beneficial for your application.
