How to Patent a Mobile App Idea?
Do you have an exclusive app idea in your mind? Are you afraid that somebody might steal it from you and apply it before you? Well, luckily there is the intellectual property law – particularly patent, trademark, and copyright law that safeguards mobile app ideas. Many entrepreneurs and startup owners believe in patenting their app ideas to keep others away from using, making, or selling them. Patenting a unique app idea is required for shielding it from the copycats in the marketplace as they might seek a chance for stealing it. However, your app idea should be new and exclusive to be subject to patent law. Your efforts will go in vain if it’s a clone of other applications. One of the most asked questions by startups and entrepreneurs before starting mobile app development is “how to patent a mobile app”. Here we will cover the ultimate guide on patenting a mobile app idea before discussing it with app development team in case you have a unique app idea. What Is Meant By Patenting A Mobile App Idea? In simple language, a patent is an intellectual property law that Protects your app ideas against illegal and/or non-consensual usage. Prohibits other companies or individuals from changing or selling it, considering you your app idea’s rightful owner. Makes sure that none gets profits or ruins by claiming credit falsely for your unique idea. Can You Patent Your Mobile App Idea? Yes, you can patent a mobile app idea as it’s an element with various ways of interaction. The app code cannot be patented as it comes under the law category covered by copyrights. Hence, you can patent the way or procedure of the app that it follows for performing a specific task. Why Patent an App Idea? Your app idea authorizes protection in the context of being your exclusive intellectual property. Using an official patent, you hold the right to look for compensation from any party that tries to violate present patent laws. Here are the main reasons for patenting an app idea: You can legally accuse every clone of your original application that is introduced before or in the lineup with the latter. Your patent legally proves the uniqueness and originality of your app idea. No cunning party can exploit your mobile app idea financially. What Are The Eligibility Criteria To Qualify For A Patent? Three prime points decide the patent eligibility for a mobile app idea. They are as follows: It Must Be an Invention Patents are utilized for safeguarding inventions. As per WIPO (World Intellectual Property Organization), they are provided to the invention that is explained as a solution to every issue. Since the mobile app idea is not a physical thing, the app process is categorized as an invention. Nevertheless, the procedure should fix every issue simply like any invention. Your App Idea Should Be Unique and New Even if your mobile app idea fixes users’ issues, it doesn’t mean it qualifies for the patent. Your application idea should be original and new. It should not have been launched earlier publicly, incorporating YouTube videos, books, articles, pending patent apps, and other sources. It should be unique and must not exist already else you cannot patent it. It Should Be Qualified As Useful Being qualified as a useful app does not imply that your application idea cannot be under the entertainment category or something else like that. Your app just needs to perform at least in theory. This restriction stops people from patenting these apps that are not useful. Hence, you must produce a detailed and concrete description like how your app performs for claiming it as your asset. How to Check Whether Your App Idea Has Already Been Patented or Not You need to check if a possibly unique mobile app idea features already patent by another party. For this reason, a detailed study is needed on every associated app idea that is either pending or marketed. Your state or country will have an operational database where this data is preserved and accessed. Moreover, you can analyze through the IPC Catchword Index of WIPO that contains data related to different international patents. This way you can understand how to patent a mobile app idea. Basic Steps to Follow to Patent an App Idea Here’s the basic steps you should follow to understand how to patent an app idea. Discover and Register with a Patent Lawyer To present a precisely made top-notch patent and maximize the scopes of your patent application getting chosen, you need to consult with and employ a patent lawyer who deals with software patenting. He/she must be experienced in this. As it’s a legal procedure, it might incorporate litigation. So, don’t try to do it by yourself and just employ a professional. You are not recommended to select the first attorney you find. Make a detailed study and seek the best that fits your budget. Disclose Your Mobile App Invention Having an app idea does not mean that your work is done. You have to bring the idea into reality to confirm its convenience and this is one of its eligibility criteria to get patented. As the court asks for proper proof of your invention before issuing a patent against your app, you need to ensure to document the entire app development process. Furthermore, you can make a prototype of your mobile app to test its flow. This will help your lawyer to assess your app’s flowchart as it’s not the code but the app procedures and functionalities that get patented. It can amazingly analyze different operations of your app in various industries and provides you a new direction for thinking of what other components in your app are qualified to get patented. Exercise Patent Search Maybe you have studied well, but you are still recommended to employ a patent lawyer who conducts a global search for apps similar to yours or have the same flows or functionalities. 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