Creating a mobile application requires hard work and dedication. After toiling over your idea, you want to ensure that no one infringes on your intellectual property by stealing it or using it for their benefit. Therefore, some app inventors may wonder whether aspects of their app are eligible for patent protection.
First of All, Are Apps Patentable?
The U.S. Patent and Trademark Office (USPTO) describes a utility patent as legal protection for a “new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.” Design and plant patents also exist, but app developers typically look to utility patents, which may protect certain technical processes or systems implemented through software.
To file for patent protection, your invention must meet USPTO guidelines. The most important criterion is that your invention is new. If another app similar to yours has been patented, your application may not be granted registration. Engage your intellectual property attorney to perform a comprehensive search of the USPTO database on your behalf. The USPTO abides by a “first-to-file” standard, meaning the inventor who files first gets the patent. Because the USPTO follows a first-to-file system, timing can matter once an invention has been sufficiently developed.
Another consideration is whether the software implements a technical solution that goes beyond an abstract idea. Not all software-based inventions are eligible for patent protection, even if they are new. This means the app must have clearly patentable features that are new and not obvious. If you’re unsure whether this applies to your app, contact us for more information.
What Are the Benefits of Patent Protection for Mobile Apps?
One potential benefit of patent protection is the ability to prevent competitors from copying certain patented features or processes, if a patent is granted. By registering with the USPTO, you can then seek damages if anyone infringes on your intellectual property protections.
Should I Consider a Provisional Patent Application?
You can also file provisional applications that don’t require a formal claim, declaration, oath, or any information disclosure statement. This can be a useful early step for some software-related inventions because provisional applications give you a year to refine your idea. While it does not give you the rights that patenting your app would, you can use “patent pending” where applicable. You must file a Non-Provisional Application for a Patent within one year to maintain your original filing date (see the “first-to-file” standard mentioned previously).
Ultimately, only you can decide whether you should seek patent protection for your mobile app or not. If you want to research patents or discuss your idea with an intellectual property lawyer, contact the professionals at Larson & Larson to get started.
Published by Larson & Larson, a Florida-based intellectual property law firm protecting innovation since 1987.
