HOW TO: Patent an App Idea

So how do you patent your app?

Before applying for a patent with the United States Patent and Trademark Office (USPTO), do a search on their website to see if someone else has already patented the same app idea. There’s no reason to go through the rigorous process of patenting and developing your app if it already exists in the patent database.

If you don’t find similar ideas in the USPTO database, you can proceed with the patent process.

1. Your app must be an invention
   Your app’s functionality/process must be unique to solving its purpose. It cannot be similar to other already existing apps, but must have at least one unique differentiator.
2. Your App Must Qualify as Nonobvious
   This means that someone skilled in your app’s field would view your app as an unexpected development.
3. Your App Must be Useful
   Your app must solve a task and cannot just be an abstract idea. Your app must be described in detail of its entire functionality.

Generally getting a patent approved by the USPTO takes an average of 2 years, however apps can qualify for the non-provisional utility patents which grant approvals in as fast as six months. There’s also another alternative patent type we’ll get into below.

Filing for a patent

Before filing for the non-provisional utility patent, you should consider applying for the provisional patent. It is the most popular initial patent type for apps and the most chosen method among our app clients.

The provisional application is an easy and cost-effective way to establish an official patent filing date while avoiding the costs associated with filing a non-provisional patent application. It’s also a great way to measure your app’s success before filing for a non-provisional utility patent.

Once approved, the provisional application secures a temporary patent valid for 12-months. During this time, you can file for a non-provisional patent and keep the original filing date. You can also make use of the term “Patent Pending” in descriptions of your app.

The steps to file for a provisional patent are as follows:

1. Search the USPTO patent databases to look for already existing similar patents.
2. Compile a provisional application and include a cover sheet with the following information:

• the application as a provisional application for patent;
• the name(s) of all inventors;
• inventor residence(s);
• title of the invention;
• name and registration number of attorney or agent and docket number (if applicable);
• correspondence address; and
• any U.S. Government agency that has a property interest in the application

You should also include:

• background of the invention
• wireframes or drawings of your app (optional, but highly suggested)
• description of your app’s use and functionality
• claims that are specific to prove novelty

3. Submit your application either by mail or electronically using USPTO’s online patent application system and pay the filing fee.
4. Wait for the patent examiner to respond. Patents are likely to be rejected on the first try. Make amendments based on the feedback and re-submit.
5. Once your patent is approved you will receive a Notice of Allowance.
6. Pay the issue fee.
7. Your patent will now officially be issued.

Make sure everything you provide is as accurate, detailed and complete as possible. Amendments are not permitted in provisional applications, unless to make it comply with applicable regulations.

Provisional and non-provisional patent fees

You might be wondering how much it costs to patent an app. The fee to apply for a provisional application changes, so check USPTO’s fee schedule for the latest cost. Currently the filing fee is $320 with a lower rate available for a small entity at $160 or $80 for a micro entity.

If you are in a hurry, you can apply for the non-provisional utility patent in a fast track version, called Track One. Track One is a prioritized version with a promise to get a final disposition within one year – ideal for apps with a common development time of 6-12 months. The fee for Track One is currently $4,200 with lower rates available for small entities at $2,100 and micro entities at $1,050.

App patent cost will go significantly up if you hire a lawyer, however a lawyer might be a good investment to be sure to get the patent filing right the first time.

It’s not uncommon to have back-and-forth communication between the patent examiner which can lengthen the approval time significantly.

A lawyer could help sort issues out before they get in front of the patent-examiner and save valuable time to protect your app idea.

Conclusion

Now you know how to patent an idea for an app, you can go ahead and get started. Filing for an app patent is undoubtedly a lot of work and can be costly, both time-wise and cost-wise, especially if you decide to hire a lawyer.

But if you believe in your app idea and don’t want to worry about your intellectual property, copycats profiting from your idea or the financial risk of an infringement lawsuit, getting a patent is definitely worth the cost and effort.

While we cannot help with the legal portioning of patenting your app, we can help build your mobile app once you’re ready. If you want to create your own app — whether it is for Android or iOS — we build your app. We have extensive experience with creating high-performing apps for both Android and iOS devices.

If you want to learn more about what it involves to build an app, be sure to check out this article explaining everything. And don’t forget to reach out to us for more help; we’d love to talk about your app idea.