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A Comprehensive Guide On How To Patent An App Idea Worldwide

Posted by Barry Choobin | Jan 23, 2023 | 0 Comments

There's a few fundamental steps to patent a mobile app idea and protect your novel software innovation. Stop worrying that somebody may take your original, unique, and out-of-the-box app idea. Thankfully, global intellectual property (IP) law extends to smartphone applications. Filing for a patent is a great way to keep industry copycats from developing, producing, using, or distributing a mobile app that's similar to yours. As a successful startup app developer, you should know what's needed to ensure success during IP prosecution. Read on for a comprehensive guide on how to patent an app idea worldwide.

Bring Your Idea To Life

Unfortunately, it's impossible to file a patent on your app when you only have an idea. So, you need to first bring your vision to life. You'll need to demonstrate tangible proof of invention creation and ownership to global patent offices. Be sure to document every step, phase, and responsibility in your app development process. Also, create a feature-rich prototype that clearly demonstrates application functionality, flow, and capability. With all of these resources ready, it will be much easier to identify the patentable aspects and elements of your application. Certainly, bring your idea for life before filing for a mobile app patent.

Enlist A Patent Attorney

Next, hire a skilled, experienced, and knowledgeable app patent attorney to help you prosecute intellectual property. Without expert help, the patent drafting, filing, and acquisition process can be incredibly overwhelming. Look for someone that has hundreds of successfully obtained patents under their belt. In addition, they should clearly align with your innovative commercialization goals, vision, and ambitions. You'll spend lots of time working with this practitioner – so there needs to be a strong inventor-attorney fit. Indeed, hire a software patent attorney to help you achieve your intellectual property goals.

Identify Potentially Similar Apps

Now, you are ready to start searching for apps that could be similar to yours. Use a professional patent search report to identify any comparable prior art references. Naturally, this can reduce the risk of infringement and accelerate your time to commercialization. Of course, this step can be frustrating, difficult, and overwhelming – especially given the size of the smartphone application market. So, a comprehensive search report is important to ensure you don't miss anything. Many patent owners hold their rights privately, without ever commercializing their inventions. So, there's often more that will be revealed when looking deeper. Surely, identify similar applications when you file a patent for mobile app ideas.

File A Provisional Patent

After you've received a positive search report, file for a provisional patent application (PPA). You won't need a formal declaration, oath, claim, or disclosure statement to receive a PPA. Instead, you'll just need the required fees, along with some guidance from your expert attorney. Once obtained, your application will be recognized with the distinct “Patent Pending” title – lasting for a twelve month period. Definitely, file a provisional patent application (PPA) on your new, novel, and non-obvious smartphone mobile app.  

Submit Your Utility Application

At the end of your online provisional patent application term, it is time to submit a utility application. There's a lot of important documents and paperwork needed during this stage. Work carefully with your software patent attorney to ensure everything is submitted and filed correctly. Together, you can file a specification, declaration, and data disclosure document. Your lawyer will also help you compile formal claims, official invention drawings, and a smartphone app. For your worldwide filing goals, you'll also need documents for the patent cooperation treaty (PCT). Absolutely, submitting a utility application is crucial for patenting a mobile application.

There's a few essential steps to patent a smartphone app idea worldwide. Start by turning your intangible app idea into a reality. Next, enlist a skilled patent attorney to help you achieve all your intellectual property (IP) goals. Together, you can start searching for comparable app ideas and other similar prior art references. If everything looks okay, you are ready to file a provisional patent application (PPA). Then, it is time to submit your non-provisional, utility patent application. Follow the points above for a comprehensive guide on how to patent an app idea worldwide.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...

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