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Can apps be patented?

Can apps be patented? It's complicated.

By Aymeric DelaplacePublished 2 years ago 4 min read
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Can apps be patented?
Photo by Roberto Nickson on Unsplash

You've finally built it! You have created the next big thing since the smart phone: an app that automatically corrects spelling on any touchscreen based device, including iPads and iPhones. Congratulations! With this invention you can expect to make millions. Sadly, you won't be seeing a penny of that money.

Are you ready to file?

Are you ready to file? Do you have a great idea for an app? And are you ready to file a patent application? If so, you’re in luck. But if not, that’s OK too. You can still get your app patented with the help of our team of software engineers, who will help you develop the best possible patent for your business needs.

You may be wondering – can apps be patented? The answer is yes! Software patents have been granted for applications since the early days of computers and smartphones. And now, with more than 2 million apps available on the various app stores, it’s more important than ever that companies protect their intellectual property rights.

What kinds of apps can be patented?

Can Apps Be Patented? The short answer is that yes, apps can be patented. But the long answer is a bit more complicated. Can apps be patented? What kinds of apps can be patented? In order to be eligible for a patent, an invention must meet three criteria: it must be new, useful, and non-obvious.

The same criteria apply to apps, but they are sometimes harder to meet. Newness is determined by whether the invention has been previously created or described in any publication anywhere in the world. If someone else has already invented something similar, it will probably not qualify as new under U.S.

patent law. The same is true for software inventions: if you try to patent an idea that's already been written about or discussed online (or even just an idea you've had before), your application may be rejected as "prior art." Usefulness is measured by whether your invention solves a problem or performs a task that's difficult without it — so if your app doesn't do anything useful, it probably won't qualify either.

How do i get a patent for my app?

How do I get a patent for my app? You can apply for a patent if your idea is novel and not obvious. A patent is an exclusive right granted by the government to the owner of an invention, for a limited period of time, in exchange for public disclosure of the invention.

Patents are intended to encourage innovation by granting their owners the right to exclude others from making, using or selling the patented invention without permission. How much does it cost to get a patent? The United States Patent and Trademark Office (USPTO) charges filing fees and maintenance fees for patents depending on the type of application filed.

The filing fee is currently $330 per class of goods/services claimed in each independent claim (the number of claims can be unlimited) and $120 per class in each dependent claim (the number of claims can be unlimited). Maintenance fees are due 3 1/2, 7 1/2 and 11 1/2 years after issue or within one year after expiration of any applicable grace period; failure to pay maintenance fee(s) may result in loss of patent rights in some situations.

Can I get a patent if my idea isn't new? Novelty is one of several requirements set forth by U.S.

Why should i patent my app?

If you're an app developer, you may have been asked this question a lot. The answer is that there are many reasons why you should patent your app. First of all, if you don't patent your app, and someone else comes up with the same idea, they can steal it from you.

They will be able to develop it and make money off of it while you get nothing. This is the worst case scenario for any app developer because even if your app doesn't make any money or get a lot of downloads, it's still yours and nobody else's. Another reason why people ask "can apps be patented?" is because they want to protect their ideas from being stolen by other developers who might try to copy their work.

If you are working on an app that is similar to someone else's work, but yours has improvements or features that theirs does not have, then it could be considered patent infringement if someone else tried to take advantage of your hard work by copying everything about it - including the features that make it unique.

To Sum Up

The quick answer to the question is 'yes' apps can be patented but only certain kinds of apps. Patents are given out for new and useful inventions that are not obvious from previous patents. There are two types of patents given: design patents (which protect the way a product looks) and utility patents (which protects the function of a product).

It's important to note that any features on the phone or computer outside of the app itself would most likely be considered part of the software and not patentable. Just like it's impossible to patent a process that has always existed, it's also impossible to generally patent an app in the same way we can patent an idea.

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About the Creator

Aymeric Delaplace

💬 Hello, I'm Aymeric 📱. 👋 I write about apps, software and businesses for kids for publications like TechCrunch 🌟. 🤔Have a question? DM me on Twitter or e-mail my email address. 👈❤️

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Comments (3)

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  • Hector Allemand3 months ago

    Got a chuckle picturing my alarm app filing a patent to wake me up in the morning! What a thought, Aymeric! Engaging enlightenment on app patents. Looking forward to my next app date with your articles! Keep ‘em coming!

  • Pauline Boudon4 months ago

    Oh Aymeric, you surely know how to swipe right on app patents, don't you? My brain now has a new patent to its intriguing facts department. You've definitely delivered a witty upgrade to how we view apps beyond the download button! Keep them coming, buddy!

  • Magali Paquin8 months ago

    Aymeric, your article totally nailed it! Who knew apps and patents could make such a hilarious duo? I can't stop picturing a courtroom drama where developers passionately argue over the rights to their app ideas. Your insightful and funny take on the subject had me laughing out loud. Keep up the fantastic work!

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