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How to patent an app idea?

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Varsha solanki
How to patent an app idea?

Patenting an app idea is important to protect from marketplace copycats, who might steal it. But make sure that your app idea must be new and novel to be subject to patent law. It should not be a clone of other apps.

Here are the general questions people have about patenting an app idea.

1. What does patent an app idea mean in simple language?

A patent is a form of intellectual property law and will prevent your ideas from being used without your consent. It endows you with the exclusive right to exclude others from developing or selling your idea. 

2. Is it possible to patent a mobile app idea?

Yes! It is possible to patent a mobile application idea because it is one component with different methods of interaction. The code of the app can’t be patent as the code itself comes under the category of law covered by copyrights.

So, it is possible to patent the method or process of the application that it follows to perform a particular action. 

3. What are the requirements to qualify for a patent?

Generally, patent eligibility for the mobile application idea is determined by 3 key points. Here are those 3 key points that qualify your application for patent:

  • It has to be an “invention”

Generally, patents are used to protect inventions. A patent is given to the invention that described as a solution to any problem, according to the World Intellectual Property Organization (WIPO). 

  • An app idea must be new and unique

If your app idea solves a problem of the users, it doesn’t mean that it is eligible for the patent. It is must that your app idea is new and non-obvious. In simple words, your app idea has not been disclosed earlier in a public format, including books, pending patent applications, articles, YouTube videos, and other sources. 

  • It must be qualified as useful

Last but not least, your patent must be qualified as useful. However, it doesn’t mean that your app idea can’t be under in entertaining category or anything like that. It means that your application must work at least in theory. It is the restriction that prevents people from patenting such applications that are not as useful as it should be. So, it requires you to develop a concrete and detailed explanation like how your application works to claim ownership over it.

4. Is my app idea already patent by someone else?

To check whether your app idea is already granted to someone else or not, start looking into the existing and pending patent app ideas. The USPTO advice to perform an advanced search in order to find similar items using its Cooperative Patent Classification.

5. When should I file for a patent?

Today, patenting an app idea is not granted to the person, who is first to invent it, but it is granted to the one, who is first to file patent against it. It is one of the main reasons, why many entrepreneurs and startups prefer filing a provisional patent before publicly disclosing important details.

The text above is a summary. The article is originally published here

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Varsha solanki
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