Mobile apps are famous these days. For the past decade, their popularity has constantly increased. With the increase in popularity, people have started to get attracted by their usefulness.
But there is a lot that needs to be understood. Among many topics, patenting the app idea is of utmost significance that many fail to do.
Whether game app companies, Android or iOS development companies or Miami developers, almost no one understands the importance.
We all have ideas in our minds. Some good, some average, and some excellent.
But we always fear if those will be taken away by someone or someone might copy them. What if someone does it? Where will you stand? How will your idea be unique?
That is where the IP or intellectual property law steps in. Many might think of it as something very complex and confusing, which might be true to an extent.
In order to save your mobile or web app idea from being copied or replicated, it needs to be patented.
But how to do that? How can anyone patent an app idea?
In today’s blog, we have listed all the essentials to patent your app idea.
Let’s walk through all the details one by one so that you can understand better.
What Does It Mean to Patent My App Idea?
If you are looking to build or already have an app, you need to patent it. This is necessary because unless you do that, you won’t be the owner of the unique idea.
Then the ones having the patent will possess the rights to build the app. It is essential for any business to understand the true meaning and protect their rights.
A patent confirms that your idea belongs to you and that no one else has the capacity to produce, reproduce and sell your idea until you have allowed them.
If anyone does so, you will be able to claim the idea in the relevant court or in front of the pertinent authority.
How Do I Patent My App Idea?
This is a question of high importance.
Once you have realized your idea is unique and must not get copied, then you decide to patent it.
But where do you go to patent the idea?
Well, if you are in the US, the United States Patent Office or USPTO is responsible for issuing the patents to the applicants. If you are elsewhere, you can easily apply for the patent from there.
Anyone can patent an app idea. The only thing is that it doesn’t have to be already registered.
You cannot lawfully patent the code, but you can always apply for the patent of your app’s flow, the actions it performs, or its features of functions it has.
What Are the Pre-Requisites for Filing a Patent?
There are no hard and fast rules for filing a patent. But you need to consider these below-mentioned pointers.
· Your idea must be an invention
To file a patent, you need to understand that your idea has to be an invention. The WIPO or World Intellectual Property Organization says that a patent is a solution to any problem that is invented. This implies that the app idea must be proposing a solution to a problem.
· Your idea must be unique and novel
The next requirement, which is implied after the first clause, is that the idea must be unique and new. It has to be different from all the related ideas. Only a unique idea qualifies for a successful patent, and the applicants have to ensure.
· Your idea must be valuable/beneficial
The last requirement is that the idea has to be beneficial for everyone. It must, in any way, add value to the lives of the users. It doesn’t mean that it cannot be an entertainment category or similar application, but still, it needs to be valuable.
Many game app companies or Miami developers don’t provide these services. But upon request, you may get them from the company you have given your project to.
What If the Idea Is Already Patented?
Obviously, you would first need to check if the idea has already been registered or not.
For that, you can require USPTO to probe and provide insight into Cooperative Patent Classification. If you are US-based, USPTO will provide you with all the details that you need.
This way, you can find the best possible way to understand what is truthful. If you find the process overwhelming, you can consult with some of the leading companies to provide you with all the details that you need in order to proceed.
What Are the Requirements for Filing a Patent?
When you are ready to file the patent app idea, you need to gather all the documents to file it with USPTO. Here are a few documents to file an app patent.
- Information Disclosure Statement (IDS)
- Application Data Sheet (ADS)
- Oath or Declaration
- Specification Document
- Entity Status Form
- Claims
- Patent Cooperation Treaty (for International Filings)
- Drawings (if any)
- Application to Make Special Request
- Fee Sheet
- Cover Sheet
These are the requirements or documents necessary in most cases. These may as well differ depending upon some specific circumstances
What Does It Cost to Patent an App Idea?
The cost of the app idea patent varies depending upon the idea.
If you are looking to go for a provisional patent, you may have to pay somewhere around $2000 to $6000. A provisional patent application is valid for a year, during which you can use your app’s idea and test it.
If you want a non-provisional patent, the cost may rise significantly. Usually, it costs between $10,000 to $16,000. After you have successfully filed the patent, it will be inspected by the USPTO for various points.
So simply put, the information differs on two main pointers.
· Provisional Submission
A provisional submission or application is what most companies initially opt for. This is when agencies or companies opt for a new idea and want to test its usefulness.
· Non-Provisional Submission
The non-provisional submission or application is where you can request a patent without having a prior patent or referencing a claim or an in-development app.
Final Thoughts
It might seem a bit complex and confusing at first, but once you decide to give it a thought, it can turn out to be quite straightforward, and everything starts aligning.
Once you have decided to proceed, this simple article will act as a guide and allow you to perform all the necessary actions that need to be taken in order to patent an app.
If you follow the patent process and do things as preferred, you will easily be able to get it patented. Game app companies or Miami developers will build you the perfect app once you have acquired the patent.
