Mobile apps are at the forefront of innovation in the digital age, but the question of whether they can be patented is common among entrepreneurs and developers. Unfortunately, there isn’t a simple answer. While mobile apps aren’t directly patentable in the United States, specific elements of their functionality or design may be eligible for patent protection through the USPTO (U.S. Patent and Trademark Office). If you are interested in pursuing a patent for aspects of your mobile app, consulting with an experienced Orange County California Patent Lawyer is highly recommended.
What Qualifies as a Patentable Mobile App?
To be patentable, your mobile app must meet specific criteria set forth by the USPTO. It must have a unique technical solution or innovative process that is new, non-obvious, and useful. In other words, it must not be a mere abstract idea or a simple automation of existing business processes.
Novelty refers to the app’s unique feature or method. Essentially, it must be new and not previously patented. Non-obvious means the innovation should not be obvious to someone skilled in the art of app development, it must be significantly distinct from existing products. Useful refers to the app having a practical applicaiton or solving a technical problem.
What Does the Patent Process Entail?
Once you have determined patent eligibility, you must do your due dilligence by searching for existing patents related to your app’s features. Thorough research is necessary to ensure the mobile app doesn’t infringe on existing patents. Next, you can file a provisional application, this will secure a filing date and claim “patent pending” status. This grants you more time to refine your mobile app. After the provisional period, you can file a full applicaiton to obtain a patent. You must prepare detailed documentation of the app’s technical aspects and functionalities. The application needs to define the invention and its scope.
If your patent application is approved, you will be granted exclusive rights, excluding others from using the patented aspects of the app for twenty years from the filing date. By following these steps and ensuring your app meets the requirements for patentability, you can successfully protect your intellectual property.
It’s advisable to consult with a patent attorney who can help guide you through this complex process. At Burns Patent Law, we are prepared to help you draft a strong application, ensuring it clearly describes your app’s unique functionality. Our legal team is familiar with the specific requirements of the USPTO. By connecting with our firm, you can maximize your chances of obtaining a favorable outcome for your mobile app idea.
