Have you thought of a unique app idea?
Are you concerned that someone would steal it from you and use it before you make the app?
Fortunately, app concepts are protected under intellectual property law, which includes trademark, patent, and copyright or patent regulations for mobile apps. Many companies and entrepreneurs believe that patenting an app idea will prohibit it from being developed, used, or sold by others.
One of the most frequently asked questions by start-ups and entrepreneurs before beginning work on mobile app development is “how to patent a mobile app.”
In case you have a unique app idea, we’ll go over a full article on patenting a mobile app idea today before discussing it with an app development team.
What is a Patent for an App Idea?
Simply said, intellectual property law safeguards an app idea from non-consensual or illegal use. Patents on app ideas prevent other companies or people from changing or selling the app concept. It declares you the sole owner of the app idea.
It also ensures that no one can profit or harm it by taking credit for tour exclusive and original app ideas illegally.
Patent an app idea by following these steps
Locate and hire a patent lawyer
You should hire and contact a software patent attorney with a lot of experience if you want to show off a well-formed, high-end patent and raise the possibility of your patent app being selected.
Because patenting is a legal process, legal actions may be involved. As a result, rather than attempting to execute it yourself, you should seek the advice of a specialist. So, do your homework and find the greatest option that is also within your budget.
Bring an idea into reality
Just because you have an app idea doesn’t mean your work is finished. You must bring the idea to life in order to prove its utility, and this is one of the requirements for obtaining a patent. You must document the entire app development process because the court will require appropriate proof of your invention before issuing a patent against your app.
You may also create a prototype of your mobile app to test its functionality. It will aid your lawyer in evaluating your app’s flowchart, as it is the app operations and capabilities that are patented, not the code. It can intelligently analyze different operations of your app in various industries and provide you with a new perspective on whether other components of your app are eligible for patenting.
Conduct deep patent research
Even if you’ve done your homework, hiring patent attorneys to do a worldwide search for apps that are similar to yours or have similar features or flows is always a smart idea to avoid unintended infringement by other companies.
That’s why investing a few bucks to ensure that your patent has a better probability of being authorized is preferable to starting over from scratch.
File a provisional or non-provisional patent application
For our mobile app, we can employ two sorts of patent apps
- Provisional
- Non-provisional
We can file a provisional app with no declaration, formal patent claim, or data disclosure statement. This app type also has several advantages
- It allows us to utilize the term “patent pending” on the app.
- It gives you twelve months to build the MVP.
- It is less expensive to prepare than non-provisional apps.
On the other hand, under non-provisional apps, we can file with no claim on the app built in the typical country or without any app reference in the method. It should also include a comprehensive claim and specifications. It should include a written description of the invention as well as a claim that defines the invention legally.
When deciding between provisional and non-provisional apps, consider the following factors
- How quickly do you need your patent approved?
- How long do you need to delay the patent text expense?
- If your requirement is the first point, you should go with a provisional app.
In case your requirement is relevant to the above-mentioned second point, then non-provisional will be the right choice for you.
Patenting an app idea in India
In India, software, SAAS applications, mobile apps, or software “per se” or software as such are not patentable. The Indian patent office (IPO) considers software inventions for a patent under the category of Computer-related inventions (CRI). As a result, pure software inventions in India are not patentable. However, there is a catch.
Patentable software is a mix of hardware and software. The software itself, as a program, isn’t patentable. Start-ups should seek copyright protection if their software is unique but not patentable subject matter. Copyrights allow developers and businesses to protect software code.
In the case of mobile apps, the creator must decide which element(S) of the app should be protected from competitors’ duplication. Different IP rights may apply to various aspects of the app.
For example, A patent or copyright can be used to protect both the software and the hardware that runs the app. Trademarks will safeguard the app’s unique logo or name.
The key is determining which aspects of the app are patentable and which require trademark or copyright protection.
In the case of mobile apps, the business’s long-term viability should also be considered. After six months, most apps become obsolete. It takes more than twelve months to obtain a patent. In such circumstances, the cost and time required to obtain a patent may exceed the company’s budget.
Section 3(k) of the Indian Patent Act excludes from patentable subject matter “computer programs per se” or “computer programs as such.” Despite this prohibition, many types of software remain patentable. Software and computer programs that enable another device to work are not per se. Patents for such ideas are considered by the IPO.
When patent claims are not properly specified, inventors face issues. There must be a relationship between a hardware feature and the computer program, algorithm or logic. In these circumstances, the instructions or logic are still considered a computer program.
The grant of a patent for a software invention is determined by how the invention is stated in the patent application. Seek the assistance of an experienced attorney with expertise in electronics and computer science. It will guarantee that the patent application meets the technical and legal conditions necessary for the IPO to consider it. Also, make sure that the patent office’s complaints are handled correctly and promptly.
Conclusion
Finally, we can state that patenting a mobile app concept is a difficult undertaking. However, you must patent your app if you believe in your idea and believe it has the potential to become an invention. You may find the approach tiresome, but it’s preferable to dealing with clone apps that steal and violate your business ideas or face a patent infringement lawsuit.
If you still have questions about patenting an app, you can contact Stellar Digital, a top mobile app development company that is always willing to help. Check out our mobile app development services at stellar digital.in.
