In this modern day and age, coming up with unique app ideas that do not already exist is not easy at all. While you might think that the app idea you have can transform the business landscape or help humanity prosper, once you start digging deeper, you find out it already exists. However, that is not always the case. Because, at times, people do come up with genuine, new, and creative app ideas. Moreover, out of all those ideas, only a few ones get worked on. The rest are stolen by others to create somewhat similar apps.
According to research by Lexology, “More than 646,855 patent applications were filed in FY22. However, out of those numbers, only 382,559 applications were granted a patent.“
So, it is safe to say securing your app idea (if it is a unique one) is important. It is just as important as coming up with an idea for an app. This is where PATENT steps in to save the day. It safeguards intellectual property with a legitimate and legal law. So, if you or someone you know has a brilliant app idea and needs to patent it, then this guide is for you. Here, you will learn how to patent an app idea as well as how to patent a business idea. So, let’s get on with patenting ideas.
What Does It Mean to Patent an App Idea?
Patenting a mobile app idea means to legally protect your app idea. A patent is a form of intellectual property protection. It prevents any form of an idea. This way, your idea does not get stolen or copied. So, if someone has an app idea, they can patent it to safeguard it. This way, others cannot patent or use that idea or make changes to it. For instance, they cannot come up with a slightly alternate version of your idea. Nor can they take credit for the original idea and sell it entirely.
The patent law will copyright the idea to its rightful owner. This is the best way to protect your app idea and make sure that no one can take credit. And no one can, therefore, profit from an invention that you are responsible for. Once the idea has been patented, you can then contact a mobile app development company. Then, you can get their mobile app development services to bring your app idea to life.
Different Types of Patent Applications
Before we discuss how to file a patent for an idea, we must look at the different types of patent applications. There are mainly two subtypes of patent applications, which are provisional and non-provisional patent applications. We’ll discuss them in detail below.
Provisional Application
A provisional patent application, better known by its abbreviation, PPA, is a short-term application. The United States Patent and Trademark Office (USPTO) issues it. This is filed before filing the formal patent claim or patent application. The PPA protects your app idea. It also prevents it from being used without your consent during the initial 12-month period. Patent Pending is the term for the status of PPA.
That is because, after 12 months, the person must get the non-provisional patent application filing. That one is the final and main one. This pending patent application is the best for those who want to lock down their idea as soon as possible. Moreover, it is much cheaper to file a provisional patent application than a non-provisional application.
Also, the person does not need to hire a software patent attorney to file this application. That is because they can do it by themselves. During the given 12-year period, they can explore the market. They can look for application developers to bring their application ideas to life. As for the documentation process of PPA, it requires ten pages of documents with details of your app idea. However, you will need to explain the app’s design. And above all, the benefits it provides to the users.
Non-provisional Application
Non-provisional applications are the main form of patent applications, and they are quite the opposite of provisional applications. This application type is a long one, and it requires a person to hire a professional patent lawyer to file it. That is because the patent filing process of this application is a bit complex. Professionals must carry out the complications and the length of the period in which this patent is done. People who are not familiar with law and order or its proceedings, for that matter, must not handle this process.
This application gives people the option to file without having to create a claim on the application. Moreover, people do not have to mention any app reference. However, the only things that they need to describe are specifications and a total claim. The technicalities of this application go a bit beyond that, as it requires a written description of the invention.
It is important to make sure that the claim about the invention is legal, and the app must not contain any functionalities that go against the law. And given the fact that an application has its own sets of rules and terms in forms that need filling, it is best not to mess around with that. We advise you to let professionals handle all that for you. That is because if you break any rules or regulations, it can result in serious consequences for you.
How to Patent a Mobile App Idea?
Now, finally, we get to the business end of things, which is learning how do you get a patent on an idea. That is why you will need to follow a few steps to learn how to patent an app idea. Therefore, the steps to patent your idea are as follows:
Step 1: Choose the Type of Patent for Your App
Getting an app idea is only the beginning, as patenting requires some doing. If you are wondering how to get an idea patented, then you will need to start off by selecting the patent type for your mobile application. On top of that, you can register patents for specific parts of your mobile app as well. As for the types, there are two main types of patents available:
Utility Patents
A utility patent is the most used type of patent as it emphasizes safeguarding the unique features and functionality of your application. These can include the app processes, mechanics, improvements, and technicalities. More so, you get to choose the specific part of mobile apps that you want to register for utility patents. These parts could be the algorithms, processes, the app’s data structures, its unique features and functionalities, or its hardware integrations.
Design Patents
This patent exists to protect the visual elements of your app rather than the features, functionalities, or how the app works. A visually appealing app that is seamless and useful, without a doubt, makes up for a great user experience. So, if you have a creative design idea for your mobile app regarding its UI and UX design as well as its logo design, then you can register that for a design patent. This way, it will protect the visual creativity of your app.
Step 2: Conduct In-Depth Mobile App Patent Search
This is the most crucial part on how to patent an app idea. And it is to search online to check whether your app idea has already been patented or not. Checking online whether someone has a patent my idea will give you a great deal of knowledge regarding the app you want to patent. More so, it will give you an idea on if there are any similar apps on the market or their ideas patented from the one you want to patent.
You can conduct worldwide research online to not only check similar ideas patented but also avoid mobile app copyright or patent infringement of other companies. So, it is important to ensure your idea is not a physical app on the market. And if no other similar apps or patents exist, then your app idea is eligible for a patent. More so, you will easily get the patent for your app idea granted. And if you are wondering, can you patent an idea without a prototype, then the answer is yes, you can.
Step 3: Document Preparation to File Your Patent Application
Once you have researched and verified that your mobile app idea is original, you can then prepare the documents to file a patent application. If you are wondering how to create a patent document, then this step will allow you to do so. This process requires careful consideration and thorough assessment of your app idea. You will need to put together the paperwork to create a refined document for the patent application. The application must include the following things:
- Describe how you invented the app idea, and it is original
- Mention the specifications, features, and functionalities of the app.
- Visualize the app with the help of diagrams and drawings
- Details regarding the design of your app
Make sure to include clear and detailed information regarding your app in the application. It will help determine that your app idea is new and different from the existing patent.
Step 4: File Provisional and Non-Provisional Patent Applications
This is where you will have to decide which patent to go for. As we discussed above, you will have two options: provisional and non-provisional patent applications. Now, one is a short-term applicant and a much cheaper option, whereas the other one is a long-term application and a bit expensive. Also, it is worth noting that a provisional hardly requires ten pieces of documentation. On the other hand, non-provisional is a bit complicated and requires a lawyer to complete the documentation process as there are many rules and terms that only a professional can understand.
Choose Between the Two
So, it all comes down to you and what your needs are. You will need to make the decision according to your requirements. If you have an idea that you want to lock down and protect as soon as possible without any hassle, then you should go for a provisional patent application. However, if you have the time and budget in your hands, then you can file for a non-provisional patent application as it is the main form of patent application and the final one. Once you have chosen the type of patent application, you will then need to complete the documentation and provide details of your invention in the application.
Then, once everything is set and done, you will need to file the application. You can get it done from the relevant government firms in your country/area. If you are a resident of the United States, then you can seek the United States Patent and Trademark Office (USPTO). You will need to do multiple trials. That will approve your software patent idea. The time in which you get the approval can also range from a few months to a few years. Your patent examination depends on the round. As for the USPTO fees, they have a fee schedule for every app patent. You can check it out yourself by going to their website at USPTO.gov.
Step 5: Respond to Officer Queries on Time
Once you have paid the fees for the patent for which you apply, the patent examiner will start working on your application. First, the examiner will go through your application by reading it thoroughly. There is a high chance that the examiner might find an issue in your application regarding the features of your mobile app invention or its functionalities. Therefore, the examiner will issue a patent office action. Then, the examiner will reach out to you by writing a formal request to get in touch with you to discuss the application further.
It is very crucial that you answer the examiner’s request on time. You must speak with him or her to resolve the issue. You will need to give better clarifications, or you will have to make much-needed changes to the application you have filed. Any delay can result in the examiner rejecting your application. So, it is very important to address the examiner’s action on time and in a careful manner.
Step 6: Pay Your Maintenance Fees on Time
The last step in the whole procedure is the fee payment. After the authorities approve your patent application, you will need to pay your maintenance fees. You must pay it on a regular basis to keep the patent valid. You will have to pay the fees according to the patent you have selected. The fees also range on a monthly or annual basis. You can ensure that your mobile app patent remains valid by paying your fees on time. This is a great way to protect your app idea as well.
Conclusion:
That is all for this blog on how to patent idea. Patenting an app idea is a great notion to protect your intellectual property. As we bring this blog to a close, we hope you got a good idea in this guide on how to patent an app idea. We hope the steps we have mentioned on how to patent an app can help you out greatly if you want to get a patent for your mobile app idea.
Once you obtain a patent and get the app patent protection, we suggest you hire mobile app developers from an app development company to turn that patent app idea of yours into a functional app. They will build an app for you. After the mobile app development process, your app idea won’t just remain an idea but will instead become a reality.
Frequently Asked Questions
What is the cost of patenting an app idea?
If you are wondering how much it costs to patent an idea worldwide, then the cost to patent a mobile app can range from a minimum of 2,000 USD all the way to 15,000 USD. The Provisional Patent Application costs from 2,000 USD to 5,000 USD. On the other hand, the patent cost of a Non-provisional Application starts from 10,000 USD to a whopping 15,000 USD.
How long does it take to patent an app idea?
The process of obtaining a patent takes a lot of time as, in some cases, it can take somewhere between a minimum of 1 year and all the way to 3 years. That is because the patent application procedure begins with the examination of the entire app patent application. The app is broken down into multiple parts: specifications, patent claims, abstract idea, and drawings. So, the examination patent process is carried out for each part one by one. Once the process is completed, your app can be patented.
What should you do if someone else has already patented your app idea?
If your app idea is already patented by someone else long before you heard of the whole patent thing and are wondering whether can you patent an app idea or not, then worry not. In that case, you can try to make small adjustments and changes to your app idea. You can search the market and do extensive research to look for room holes and for improvements on which your app idea can capitalize.
This way, your app can bring something new to the table. But can you patent an app which is similar to the app on the market> Well the answer is yes you can but only by adding features that do not exist in the apps available in the app store market. Those features can help make your app stand out and unique. You can then get the app patent. It will be totally different from the idea you first had. You can do it without having to make major changes.
What Are the Alternatives to App Patents?
We understand app patenting is not everyone’s cup of tea. And if you, too, are not a fan of getting the patent application for your mobile app idea, then there are a few alternatives that you can look into. These options are great alternatives to App Patents, and they are Copyright protection, Trademark, and Non-disclosure Agreement (NDA). If you are looking to learn how to sell an app idea, then you must first make it yours.
