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Mobile apps are booming everywhere. Many innovative app ideas are implemented in the mobile app industry that changes the way we live, play and work. If you have come up with an unique app idea you wish to protect your idea before anyone replicate it. So, here in this article we explain you the steps on how to patent an app idea in detail.
What is a Patent?
Ideas arousing are normal but groundbreaking ideas are valuable ones. Keeping i.e. safeguarding those ideas are more important until it’s been converted to an app/product for an entrepreneur. In that way to incorporate the idea with them forever, a patent becomes the only solution for them. In simple words patenting is like providing the parenting authority of the idea.
Why Patenting an App Idea is Important?
If your idea implemented app becomes more successful the core idea can be easily used by non-consensual usage and converting it into a competitor app of your’s in future. To stop all this infringement, the process of patenting the app idea is introduced.
Provisional Patent Application
A way to secure your idea for the first twelve crucial months is responsible by the short term application issued by the United States Patent and Trademark Office (USPTO). If you're a Canadian while you are filing the formal patent application you can reach Canadian Intellectual Property Office. This provides the idea with the term “patent pending” until the idea reaches the non-provisional patent application filing section. The application requirements may vary based on your region and type of patent you are filing.
As it's not a final patent to be kept for a long time. In between these 12 months of time, Converting the idea, analyzing the market situation and considering the development of an Minimum Viable Product (MVP) should be the next step.
Non-Provisional Patent Application
If you’re in a full fledged way and built your application you can by-pass the provisional patent application form. I.e. you can directly reach out to the next step - non-provisional patent application. As you no need time to develop your application with your idea, the provisional patent application is likely considered as the time phase for building the application. This non-provisional patent takes 18 months from filing.
This non-provisional patent considers provisional patents to confirm that no provisional has been registered in this idea. Similarly this time period does include the term “patent pending” for your idea after registering.
When Should you Patent your App Idea?
When your mobile app ideas are totally unique and doesn't imitate the existing functionalities or features in the genre. It has a cent percent qualification for making patents.
While your team is working on providing MVP or ready to deploy the MVP in the next few months. Ensure adequate funding for intellectual property protection in addition to development funding.
How to Patent an App Idea?
Finding and Enlisting with a Patent Attorney
Presenting the patent must be in the form of getting selected at once so do consider hiring a software patent lawyer who has lots of experience in this field. This is one of the ways to increase the patent application to be selected instantly.
Hiring a professional app development company or patent attorney rather than trying to complete the process by self is not suggested because this process flow might include litigation. Obviously going through a deep research for choosing the best app development company or attorney will surely end up with good results.
Mobile App Invention Disclosure
Making a proof; while converting i.e. developing the idea into the mobile app make sure to document it in a way to produce clearly. Moreover a prototype makes a rigid companion for your app throughout the patent verification by the patent office.
Just providing the flowchart is more than enough than providing code, by this the patent office. This brings an outline of what the app is being to be and easier to get functionality and processes patented.
Practice Patent Search
Though going through a personal solution for finding any similar ones for your developed application, going formally with an patent attorney for making a worldwide search brings you an utterly confirmation about having any similar functionalities or infringement from other sources.
So spending some money in analyzing does make a big impact in your patent selection.
File a Provisional or Non-Provisional Patent Application
As explained above these two are the applications responsible to attain a patent. As for the need, the process flow can be chosen by the developer. According to the development process stage choosing the provisional or non-provisional can be determined for best results.
Submit your Application
Reaching the final step considering the above steps this seems to be tougher than the above ones as the play involves lots of paperwork. Do holding these top documents to file your patent,
1. Detailed Description or Specification
2. Claims
3. Drawings or Diagrams
4. Oath of Declaration
5. Information About Inventors
6. Prior Art Search Results
7. Filing Fees
8. Power of Attorney (if applicable
9. Foreign Filing License (if applicable)
10. Non-Disclosure Agreements (NDAs)
How Much Time Does it Take to Patent an App?
There are several factors that decide the time for patenting, they are as follows;
How far the complexity of the idea is of, the backlog at the patent office, and finally the country where you are applying for patent.
Patent Types
While it comes for app patent, utility patent is the one which suit at its best. Granted duration for utility patents are between 14-20 years, Which is the same as the duration for the design patents which is dedicated for the design aspects enclosed in it.
Patent Office
According to the region where the patent office is located the time taken for processing varies. For example, the time taken in the United States Patent and Trademark Office (USPTO) and Canadian Intellectual Property Office (CIPO) varies. Similarly in each part of the world the timing varies.
Patent Search
It’s advised to undergo a patent search before filing a patent application that no one has patented the idea earlier.
Examiner’s Workload
The time it taken by the examiner to review and respond obviously varies according to the workload. Once you file your patent application, remain patient for the results.
Backlog
Patent offices may have pending patents numerous applications. This directly affects the new patent applications.
Applicant's Responsiveness
This can be the one which you can directly make improvement in patent approval timing. Be a quick responsible one for the requested information or making amendments from the patent office.
As a note, completing patent application work can take anywhere from several months to several years. Even though it's not guaranteed to be successful. So, to navigate the patent process effectively it's highly recommended to consult with a patent attorney or agent who specializes in intellectual property. They can provide guidance on prior strategy and can reduce the time and increase the chances of obtaining a patent for your app idea.
How Much Does it Cost to Patent an App Idea
The overall cost for patenting the app ranges between $2,000 to $15,000.
Provisional Patent Application: $2,000 – $5,000
Non-provisional Application: $10,000 – $15,000
Related: How much does it cost to build an app?
Conclusion
These are the steps to be followed to get a patent for your app idea. It is important to consult with a patent attorney or an experienced Mobile app development team who can help you through the patent application process and ensure you meet all the necessary requirements to patent your mobile app idea.
Holding an app idea? Make an app from scratch just by reaching out to us. Appticz is the best mobile app development company that can turn your app idea in to reality. Consult with our experts on how to patent your app idea and convert it into an app.
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