how to get a lawyer to patent an app idea

Basic Steps to Follow to Patent an App Idea.

• 1. Discover and Register with a Patent Lawyer. To present a precisely made top-notch patent and maximize the scopes of your patent application getting ...
• 2. Disclose Your Mobile App Invention.
• 3. Exercise Patent Search.
• 4. File a Provisional or Non-Provisional Patent Application.
• 5. Submit Your Patent Application.

Full Answer

Can and should I patent my idea for an app?

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.

How do you patent an app?

You can patent an app through the same process that you patent a piece of software. The key to getting an app patented is to focus on the technical processes of the app such as: Processes that happen on the mobile device itself. Processes that happen between the mobile device and the server. Processes that happen within the server.

How to start a patent?

We talked with him about the R&D driving this innovative new service and how he integrates Amplified in those activities to build a patent network supporting their revolutionary new business model. When customers want to implement 3D printing technology ...

How to evaluate an app idea?

There are three likely factors responsible for a visitor’s failure to convert:

• Your app doesn’t appear to solve a big enough problem for its audience or doesn’t appear to solve the problem well;
• The content on your app store page isn’t compelling enough to convince visitors to convert; and/or
• Negative reviews and ratings are having a harmful impact on consumer perception.

Patent Status: Everything You Need to Know - UpCounsel

Published Patent Application Access and Status Information Sheet for ...

U.S. Patent and Trademark Office | USAGov

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How to find patents for an app?

In order to prevent monetary losses, it is advised to conduct an initial patent search on your own. The research should be extensive and precise enough to highlight similar apps in the market. The most common way you can look for patents resembling your idea is through the website of USPTO. Other methods include using Google and online marketplaces.

What is the next step in patenting an app?

Once you have materialized your idea, the next step in app patenting is patent search . This task is time-consuming, complex, and often leaves applicants tired and exhausted. In fact, this is another big reason people choose to spend a few extra bucks and hire a patent attorney for app idea patenting.

What happens when an app is patent pending?

Once the application part is done, your app is declared ‘patent pending’. This implies that everything you were supposed to do to patent your app is done. However, it is good to still wait before initiating your marketing efforts because you can still be sued for claiming an idea that hasn’t been patented yet. While you are not protected against infringement restriction during the patent pending period, you can fairly warn idea thieves by labeling your app with the words ‘patent pending’.

What is the fourth step of app patenting?

You know you got lucky if you make it to the fourth step of app idea patenting successfully i.e. prototyping your idea and design. By the time you reach this step, you have spent enough time understanding your app and the way it will work. When you reach this point in the process, you can be fully sure of your idea’s uniqueness and originality. And with this, you can finally start working on your patent application.

How many steps are there in the process of patenting an app?

The process of app idea patenting comprises of 5 broad steps.

What to do if you aren't good at drawing?

But if you aren’t good at drawing, you can always choose to hire a patent illustrator and work with them to craft your idea.

What is novelty in an app?

By novel, it implies that the app needs to be different from all the rest that already exist. There should be at least one unique element that makes it different and that difference must have a consequential impact. In a nutshell, the criteria for novelty is that an app similar to your app is not already there in the market and someone else hasn’t published such an idea before.

How to patent an app idea?

When entrepreneurs ask me how to patent a mobile app idea, this is what I tell them: 1. Do a Patent Search or App Idea Search . This is the very first thing you should do. Often, a simple Google search will tell you if a similar app already exists. If you can find an app with features and functions similar to yours in the App Store, ...

What do you need to know about patenting an app?

What do you need to know? First, you need to know that applying for a patent is a very detailed, often tedious process. However, you can make it easier by knowing some key things about the patenting process. When entrepreneurs ask me how to patent a mobile app idea, this is what I tell them: 1.

What is app documentation?

Your app’s documentation will precisely describe what is unique about your app . You should also create wireframes and flow charts for your application.

What is wireframe in app design?

Wireframes can show what your app screen’s may look like in terms of data, flow and features. You can also create a flow diagram to describe key flow and usage of your application. If you are not capable of doing this yourself, you can hire an app design or app development company to do it for you.

How much does it cost to get a provisional patent?

You won’t have to hire an expensive patent lawyer to do this. You’ll just need to pay the $65 online application fee to do it. Once you submit the application online, you will get a provisional, one-year patent, during which you can convert your idea into a reality.

What to do if you don't find anything similar?

If you don’t find anything similar, then you are in a good position to apply for a patent. If you find something that is somewhat close to your app idea, you may need to modify your idea to make it unique. You can hire a patent lawyer to do a search for you.

Who is the founder of Simpalm?

Piyush Jain. Piyush Jain is the CEO and Founder of Simpalm. He leads the business and engineering team to build the mobile and web product solution for clients. He loves to write thought leadership articles on IoT, Mobile, Blockchain, BigData, Web and other software technologies.

What is the difference between an app idea and a novel idea?

What separates a normal app idea from a unique app idea is your willingness to try new things and the efforts you put in for customizing the app for the audience. A novel application idea is your business cash cow. It is validated by the team of experts and ensures that you make a fortune out of it. The app idea should stick to your user’s head, and they should make the best use of it. But, it makes you feel paranoid when you get to know that the copycats steal your idea.

Why is my app not approved?

Your patent for an app idea will not be approved if it is not useful or solves a problem uniquely. Since you are the app idea owner, you need to explain how solid your app functioning is and how it can be differentiated from others.

Who is the founder of Snapchat?

Snapchat founders Reggie Brown, Evan Spiegel, and Bobby Murphy filed various patents for IP-based intrusion detection, machine-powered content curation, Augmented Reality, and more. They did not wish to compromise their reach to millions and billions of audiences using their apps for socializing.

Why do you need to patent an app before it is developed?

Also, even if you aren’t planning to patent your app, performing patent search before development is crucial to ensure that you aren’t using anyone else’s invention – which is technically illegal and can result in a lawsuit by the inventor.

How long does it take to get a patent?

This process can last up to 1 to 3 years or even 4 to 5 years. For example, it took four years for Dropbox co-founders to get a patent for their innovation with file sharing.

Why is Snapchat Stories not patentable?

And if you ask why, it’s because Snapchat Stories wasn’t eligible for a patent as it isn’t novel or non-obvious. And even if Snapchat had copyright protection in place, it will only protect the source code of the application. So as long as Instagram (or any other entity) “differently” codes the app, they are free from any form of infringement.

What is a claim in an app?

Claims represent the part of your application of which you are claiming the legal ownership. As previously stated, certain aspects of your app can’t be patented or may have been already patented. Make sure you formulate your claims with proper app patent search and discussion with your attorney.

How much does a patent cost?

Provisional patents will cost you anywhere from US$2000 to $5000. The non-provisional will cost you between US$10,000 and US$15,000. Once your patent application is approved, you will have to pay an additional US$1000 as an issue fee.

How to protect your app?

Along with the means listed above, being cautious of the people you work with can be an excellent way to protect your app. If you are outsourcing app development requirements, make sure you partner with only trusted organisations.

How long do patents last?

According to the laws of the US, patents last for 20 years from the date of filing. And patents follow a first-to-file system, rather than a first-to-invent system.

How to patent an idea?

Steps to Patent an Idea. 1. Keep a record of how you came up with the idea and your step by step progress. 2. Research your idea to make sure it is eligible for patenting under established patent law. 3. Make a prototype of your invention when filing a patent. 4.

What is the purpose of patenting an idea?

A patent is a legal grant or license from the USPTO that gives an inventor exclusive ownership rights to his or her invention over making, using, offering for sale, and selling the patented item or idea in the U.S.

How long does a utility patent last?

Utility patents protect its holder’s rights for up to twenty years from the date of patent application filing. A Design Patent is issued for a “new, original, ...

How much does it cost to get a provisional patent?

The application fee for a provisional patent application is $65 for micro-entities, $130 for small entities, and $260 for large companies.

Why is it important to patent an idea?

Learning how to patent an idea is an important process to understand so you can protect your ideas from others copying and profiting from your hard work. Unfortunately, the filing process can be scary if you’ve never done it before.

What is a well kept patent record?

A well-kept record will provide you with proof that the work you put into the idea is all yours and may potentially help your creative process. Carefully detail everything you have done including corrections, improvements, and mistakes that happened before you started the process of filing for a patent.

How much does it cost to get a patent?

Cost: The actual patent application process can be expensive. In some cases, filing for a patent can cost anywhere from $5,000 to $7,000 for a simple application and well over $16,000 to file a patent for something more complicated like a software patent.

Why is it important to protect your app idea?

Thus it is very important to safeguard your app idea by getting it patented and save it from getting copied or misused.#N#Once you refine your app, market copycats may, without law or say illegally, may feed off your distinct app idea. This will reduce your net app profits in the longer run. But you need not worry as intellectual property laws will safeguard your app idea from illegal use and theft. There are trademarks and copyright laws , which protect your mobile app ideas.

Can an app be patented?

However, as the code itself comes under the category of law covered by copyrights, the code app can’t be patent. The application, which makes your idea unique and authentic from others and is not a copycat, can be patented.

Can you patent an app?

Now that you are aware of how to patent the app idea , ensure that your app becomes successful in a short span of time. Whether or not you can patent the app would depend on a series of factors. However, once your app is deemed as eligible, patenting your app can turn out to be one of the best decisions for your business.

When should an app creator apply for a patent?

The answer depends on various factors, including business scope, how creative and forward-thinking the creator is, and what's important to the company.

How to protect your intellectual property?

Protect your intellectual property by applying for a patent at the right time and with the right details about your unique app.

What does Gaudry advise inventors to consider?

Gaudry advises inventors to consider that ideas often crystalize throughout the application process. As you encounter difficulties and see how you can overcome them, you'll better understand the details involved in implementing your idea. And that will make your success in obtaining a patent all the more likely.

What does "not obvious" mean in patents?

By "not obvious," Gaudry means that the app must meet the standard of " non-obviousness ," which dictates that the product seeking a patent be different enough from similar existing products that a person with average skill and knowledge in the area would not be able to conceive of or make the product themselves easily.

What is an app different from a widget?

Apps are different from a widget or a t-shirt in that they only function within another invention —the mobile device. But that doesn't mean they can't meet the requirements for acquiring a patent.

How many steps does the USPTO recommend?

The USPTO recommends a seven-step process and advises engaging a patent attorney or agent if you aren't experienced in conducting patent searches. To make the process faster and easier, there are online options to aid in this search.

What is the eligibility requirement for a patent?

One major eligibility requirement for a patent is that the same invention hasn't been patented before. When you apply to patent your mobile app, the U.S. Patent & Trademark Office (USPTO) will carefully assess whether an existing patent of the same description exists.

How much does an app patent cost?

An app patent can cost you as little as $900 for an application you build out yourself, or as much as $10,000 if you choose to work with experienced lawyers. You could obtain a form and file a handmade provisional patent application for just about $65, theoretically.

What can't you patent?

Things that you can’t patent include mathematical formulas and laws of nature, inventions that violate the laws of physics, and things that can be accomplished with the human body alone. Your app needs to qualify as “novel.”.

What is the USPTO?

The USPTO (US Patent & Trademark Office ) recommends performing a patent search (more on that later) before attempting to file a patent. Be sure to search for any related keywords, especially ones that would be core to what makes the app work.

Why is it important to secure a patent filing date?

Securing a filing date for your patent is important because it determines who was “first to file,” if the issue every goes to court.

Why do we need patents?

While patents are a lot of work, they’re also a necessity if you want to protect your app from marketplace copycats. The app economy is on a continual rise and competition is stiffer than ever. Time to market is a key differentiator in a high-revenue app and an average one. Even if yours is the original and better app, a copycat who steals your idea and publishes before you, stands to take a huge bite out of your net downloads and potential profits.

How long do you have to file a provisional patent?

You must file a regular patent within a year of filing the provisional patent. If you fail to do this, you will lose your filing date. Your regular patent application starts the examination process that will determine if you receive an actual patent for your app. Your patent application is broken down into:-. 1.

What does it mean when an app is not obvious?

To say that it is “non-obvious” is to say that somebody who is skilled in your field would still view it as an unexpected development. This is somewhat subjective and can be a major source of frustration between you and the patent examiner.