Step-by-Step Guide on How to Patent a Mobile App Idea

Do you have a unique and potentially lucrative app idea in mind? Good for you, a brilliant idea is like finding a needle in a hay stack – it’s hard to come by but certainly worth all the time and effort. This is particularly true when it comes to mobile apps.

Now, you may feel afraid or paranoid that someone may steal your idea and create a similar application. Is there something that you can do avoid such a dreaded scenario? Fortunately, the answer is yes!

Many entrepreneurs and startups patent their mobile app ideas in order to deter others from developing, using, or selling them. Having your idea patented before disclosing it to potential investors and developers will safeguard your project against illegal or non-consensual usage. In essence, you become the idea’s rightful owner.

However, it’s equally important for you to make sure that your idea is new and exclusive so it can be subject to patent law. Otherwise, your efforts will be for naught if it’s merely a copy of another app that’s already currently in use.

In this article, I will take you by the hand and guide you step-by-step in patenting an app idea so you can eventually proceed with mobile app development…

Three Points Decide the Patent Eligibility of a Mobile App Idea

Let’s discuss the eligibility criteria in order to qualify for a patent. There are three prime points to consider and they are as follows:

1. It Must Be an Invention That’s Statutory

Patents are used to protect inventions and innovations. According to the World Intellectual Property Organization (WIPO), they are granted to an invention that’s a solution to an issue. Since a creative app idea is not tangible, the app process (i.e. its design and development process) is classified as an invention.

2. Your Mobile App Idea Must Be New and Unique (Novelty)

Even if your idea offers solutions to users’ problems, it doesn’t necessarily mean it’s eligible for a patent. It must be original, new and shouldn’t have been previously launched in public.

3. It Must Qualify as Something Useful

To be qualified as ‘useful’, your mobile app must be able to perform and function, at least in theory. This criterion prevents people from patenting apps with no practical purpose or inherent value.

Steps in Patenting a Mobile App Idea

1. Find and Consult a Patent Lawyer

In order to write and present a top-notch patent and to boost the chances of your patent application from being selected and approved, you should find and enlist a patent attorney whose adept with software patenting.

Since it entails a legal process and may involve litigation, it’s to your best interest to hire a seasoned attorney instead of trying to take on the process by yourself. Do some research, review online listings or seek recommendations in order to find the best in the business.

2. Mobile App Invention Disclosure

Having a novel idea is great but you need to put in the work to turn it into reality. This will allow you to verify its viability, which is one of the key eligibility criteria for your idea to get patented.

Bear in mind that the court requires a physical proof of your ‘invention’ in order to issue a patent, so see to it that you meticulously document the entire design and development process. In addition, you can build a prototype of your app to show exactly how it works

This will be of huge help to your lawyer in terms of evaluating the flowchart of your app since it is not the code but the app features and functionalities that get patented. Having a prototype also helps in determining the actual and potential applications of your mobile app in various businesses and industries.

3. Conduct a Patent Search

Perhaps you’ve done your homework and studied all about patents, but it’s highly recommended to engage the services of a patent attorney who’s capable of conducting a global search for mobile apps that are similar to yours or may share the same flows, features or functionalities.

This way you can rest assured that there’s no breach or infringement from other individuals or organizations. It’s always a good idea to spend a little money, time, and effort in making sure that your patent has the best chance of getting approved. You certainly don’t want to start from square one once you find out that your app is merely a copy of someone else’s.

4. File Your Patent Application

You can use one of two types of patent application for your mobile app – either provisional or non-provisional. Let’s discuss the difference between the two:

Provisional Application - this signifies your intention to file a full patent for your mobile app later on. While it does not grant the protection of a full patent claim, you’ll have a year to develop the MVP and decide if you wish to continue and file a full patent application. You can also use the term ‘patent pending’ for the app, and generally a provisional application is cheaper and faster to prepare when compared to its non-provisional counterpart.

Non-provisional Application – this is usually regarded as the ‘regular’ utility patent application. It is imperative that your application is accompanied by a full claim and specifications. It must have a written description of your app idea and a claim that legally defines it.

In order to make the right choice between provisional and non-provisional patent application, you need to answer two questions - How fast do you want your patent claim to be granted? How long do you intend to delay patent examination costs? If your answer points to the first question, then go for non-provisional.

5. Submit Your Patent Application

This is the last step to patent your mobile app idea. Once you’re done with all the previous steps, you are required to file your application with the appropriate office. While this is a tedious process that involves lots of paperwork, you must go through it if you really want protection for your creative idea.

Conclusion

Patenting an app idea requires hard work, can take time, and cost thousands of dollars, but if you believe in your idea and its potential of becoming an invention, you should go ahead and apply for a patent. Securing patent protection is usually commercially beneficial in the long run. Moreover, the process is also less tedious than dealing with clone apps stealing and infringing your business ideas or handling a patent breach lawsuit.