If you’ve ever come up with an idea for an application, you are not alone. And your idea might be an original and brilliant one, at that. However, you need to take the right steps, so here’s everything you need to know on how to patent an app idea and secure the creative vision.
“Patents are being used to wage war in the digital world, and as a result, patents have become a toll gate on the road of innovation.” Nonetheless, this quote by Charles Duhigg, a reporter with a Pulitzer Prize and best-selling author, shouldn’t discourage you. If you think you have a brilliant, or at least – a noteworthy creative vision, take the necessary steps and protect it.
What Does It Mean to Patent an Application Idea?
Anyone hoping to convert creative ideas into successful businesses may find that patenting an application idea is a good path. It assists in preventing others from making money off of your vision and provides legal protection for your intellectual property. But can you patent an idea for an app? Australia, the UK, the US, and China all allow you to patent app ideas, but each region has its own specifications.
Why Is It Important to Do So?
Now that we’ve answered, “Can you patent an app?” let’s discuss why it is important to take the necessary steps. If you’ve come up with a unique creative vision, there are several crucial reasons why you should protect it:
- It will keep copycats at bay. This process gives you legal rights to stop others from using or selling your idea. You can even get money in court for any unauthorized use. The biggest court win for this was $2.54 billion.
- This way, you can attract investments more easily. Investors like ideas that are patented because it shows your app is unique and worth putting money into.
- You’ll get more sales and profits. With a patent, only you can sell your app. This often leads to more sales and a bigger share of the market. Also, an MVP development company with patents usually grows faster.
How to Patent an App Idea in Easy Steps
So, how to patent an idea for an app? Application patenting starts with the evaluation of the market potential and uniqueness of the app. While you’re working on mobile app development or desktop application development, you should document the whole process. It’s also essential to ensure the app meets patent eligibility criteria and then to proceed to file a provisional patent and secure an early filing date. The final step involves submitting a detailed patent application and going through the review process.
Now, let’s explain each step in depth.
Make a Decision
Before deciding whether you should get into the patent process or not, you should ask yourself – Will a patent really help my app succeed? If your app is unique and could make a lot of money, then a patent might be worth it. But if not, you might want to think about other options.
There are some reasons why you should give it a careful thought. Firstly, patenting can be expensive, and it might not be the best use of your money and time. Also, getting a patent takes years, which could delay your app launch. Finally, If you’re a startup or a small company, the high cost of patenting could be a big risk. It might be better to focus on building your brand or developing your product.
Conduct Thorough Research
Once the decision is made, you should do a patent search. This helps you find out if your app idea has already been patented by someone else. There are a few tools for this:
- Google Patents, a user-friendly way to start your search,
- US Patent and Trademark Office (USPTO), for a more detailed search in the US,
- IP Australia Patent Search, useful if you’re looking in Australia.
This search can be tough and complicated, and a legal expert can ensure you don’t miss anything.
Document the Process Along the Way
After you make sure your idea has yet to be patented, focus on recording how you develop it. Write down everything from your first idea to when the app is ready to launch. Include your designs, ideas, plans, and any changes you make along the way. It’s also good to have feedback from people who test your product or data that shows why you made certain choices.
Determine Whether It’s Eligible
Once you’re ready to patent your creative vision, it’s important to check whether it’s eligible for a patent in different regions. This step can be complex because it involves understanding legal rules and patent laws in each place you want to apply. The table below simplifies the requirements you might be asked to meet.
| Region | Requirements |
|---|---|
| United States | Must be a process, machine, manufactured article, composition of matter, or an improvement of these. |
| Australia | Needs to be new, inventive, and useful |
| Europe and the United Kingdom | Must be inventive, new, and capable of industrial application. |
File a Provisional Patent
The next step is to file a provisional patent application, as this is a simpler, cheaper way to start protecting your idea. During this phase, you can use the term “Patent Pending” on your app, warning others that your idea is protected. Then, you can start with MVP development of your app. This lets you show something to investors and customers while keeping costs low.
Get Your App Patent Ready and Submit It
Now, you’ve made it to the final step – filing your app patent, and it’s time to turn all your hard work into an official application. It’s a good idea to hire a patent attorney. They’re expensive, but they’ll help you correctly write and file your application and guide you through the legal steps.
Once everything’s ready, submit it to the patent office. The filing process usually takes 3 to 5 weeks, but once filed, you’ll get a filing date. However, you should keep in mind that getting your patent approved can take about 22 months or even longer.
Partner up With Us and Enter the World of App Patenting Without Stress
According to WIPO – World Intellectual Property Organization, in 2022, there was a 1.7% increase in global patent filings, totaling 3.46 million. If you want to be among those who file their bright idea but need help with MVP software development or app development services, we’re here to back you up.
While you handle how to get a patent for an app idea, Juratech Solutions can help with rapid prototyping software development and other solutions. Contact us, and let us explain what we do, and how we can help you on your path of success.