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How To Patent An App

Do you have an amazing idea for a mobile app? Well, if it’s truly a revolutionary idea, you should patent it. Here is what you need to know about patenting an app and how to go about it.

Can You Actually Patent An App?

Yes, you can actually patent the code used to make your mobile app. Note that, only the code itself falls under the copyright laws that you can patent. The entire app falls under process or method which can be patented along with machines, compositions of matter and articles of manufacture.

Does Your App Qualify For A Patent?

Before you apply for a patent, you need to make sure that no one else has applied for a patent for the same type of app. You need to do a patent search to determine this accurately. Note that, even if your patent is approved, you can be sued for patent infringement.

Also, you need to know how the code works and the app itself before you can apply for the patent. The idea needs to be novel so it should actually be different from all the previous inventions with at least one constituent element. The difference needs to bring out a consequential impact.

It’s obvious that you can’t patent something that is already in the market or a method that has been published by someone else. The app should also be nonobvious. Your app should actually exist and work in theory. Such a restriction is in place to prevent people from filing creams for reversing the aging process without any idea about the biochemistry principle behind it.

You need to develop a concrete explanation of how your app works. You can’t claim ownership over an app that accomplishes a general task without an idea of how it works.

How To Apply For A Patent For An App

1. File A Provisional Patent Application

Here, you will secure a filing date for your patent. You need to provide a detailed description of your app. Make sure you include visuals such as flow charts and drawings for clarification purposes. With this you can secure the patent application date early enough without requiring the full resources for completing the application process.

You have at least 1 year after this to apply for the patent. During this time, you should be able to determine whether the app will become successful. It’s a good idea to apply the provisional patent because it will determine the first to file the patent if the case ends up in court.

2. Regular Patent Application

Once you have filed for a provisional patent, you will take a year to apply for the regular patent. Failure to do this means you will lose the filing date. The patent application will start the examination process to identify whether or not your app is eligible for a patent.

In conclusion, filing a patent takes a lot of work. If you want to avoid missing out on important paperwork, you need to hire a patent lawyer for the best results.