Getting your invention patented is important for those who wish to protect it from duplication. But your app should be innovative and unique from the other apps in the marketplace for you to go into the trouble of getting it authenticated in your name.This is because getting it patented is not a small task. Know what are the various aspects you need to check for getting a patent for your mobile app.
Before your mobile app Patent Registration, you need to know the eligibility criteria for patenting. As per the copyright laws of patenting, your app code cannot be patented. But the procedures and methods involved within the app including the matter, machines etc can be patented.
According to the US Patent and Trademark office ( USPTO ) suggests on checking beforehand whether someone has already patented such kind of an app. Even if you get your patent, there are chances of being accused of infringement. Certain things like formulas, laws of nature, maths, physics etc cannot be patented. Your app should not be simply an idea, for getting a patent, you need to have all the definitive particulars of the app known in such a way that if you elaborate it, any other person should be able to develop the app from the scrape.
Only an unusual app that is unlike the ordinary and is somewhat different from the similar kinds of apps have the chance of getting a patent. It should be a development that should surprise even the best experts on its worth and usefulness.Your application should be working enough and you should know all the intricate details behind it.
Registering The Patent Application
You need to register a temporary or provisional application for your patent. This is low-cost when compared to the permanent application. The provisional patent , even though not so formal stills needs you to verify and submit all the related documents, flow sheets,technical details and diagrams of the app working. This helps you to ensure a filing date in prior and thus giving you enough time to test whether your app is a success or not. In cases of disputes regarding patents, you will be able to submit proof on who registered first for the patent.
A small business or organization can file a provisional application at a rate of 130 dollars while a bigger one could do and for a larger entity, it will be around 270 dollars.
Apply For A Regular Patent
Within one year of applying for provisional or temporary patent, you should file for a regular patent. Otherwise, you will fail to get the date of filing. The cross checking start only after you follow this procedure. The application is broken down into specification, abstract, drawings and claims.
The process of examination and approval might take around one to three years.The specification should include an accurate title, an elaboration on the idea with theories and formulae to support it, a summary on how it works and a detailed explanation on everything related to it.In the claim,section you should clearly mention which areas you need the right to own. Drawings include all the flowcharts, figures etc of the app.
The next step it to file the patent. You can do this by mailing it by including the date of filing, app name or title, and the name of the person who is filing the patent. You should keep copies of the documents along with you.
If you want your app to be your own property and avoid anyone from copying it and if you believe that your idea and effort needs to be licensed, the you should definitely file for a patent !