Complete Guide on Patenting your Mobile Application Ideas in 2023
Today a big business is one linked to the Patent of apps for mobile devices. Any service or activity can be accessed from a smartphone; on the contrary, the mobile version often exists but not the desktop one. This is because, over the past few years, the use of smartphones and applications has had such rapid success that it is almost unthinkable that you can do something without doing it from your mobile phone screen.
There is, therefore, a world of professionals but also amateurs who dabble and invest in the development of apps, so much so that it has become an increasingly widespread need to patent a mobile application. The matter is very delicate and important, and it is essential to clarify by explaining when and how it is possible to patent software of this type.
Today a big business is one linked to the development of apps for mobile devices. Any service or activity can be accessed from a smartphone; on the contrary, the mobile version often exists but not the desktop one. This is because, over the past few years, the use of smartphones and applications has had such rapid success that it is almost unthinkable that you can do something without doing it from your mobile phone screen.
There is, therefore, a world of professionals but also amateurs who dabble and invest in the development of apps, so much so that it has become an increasingly widespread need to patent a mobile application. The matter is very delicate and important, and it is essential to clarify by explaining when and how it is possible to patent software of this type.
Today a big business is one linked to the development of apps for mobile devices. Any service or activity can be accessed from a smartphone; on the contrary, the mobile version often exists but not the desktop one. This is because, over the past few years, the use of smartphones and applications has had such rapid success that it is almost unthinkable that you can do something without doing it from your mobile phone screen.
There is, therefore, a world of professionals but also amateurs who dabble and invest in the development of apps, so much so that it has become an increasingly widespread need to patent a mobile application. The matter is very delicate and important, and it is essential to clarify by explaining when and how it is possible to patent software of this type.
Today a big business is one linked to the development of apps for mobile devices. Any service or activity can be accessed from a smartphone; on the contrary, the mobile version often exists but not the desktop one. This is because, over the past few years, the use of smartphones and applications has had such rapid success that it is almost unthinkable that you can do something without doing it from your mobile phone screen.
There is, therefore, a world of professionals but also amateurs who dabble and invest in the development of apps, so much so that it has become an increasingly widespread need to patent a mobile application. The matter is very delicate and important, and it is essential to clarify by explaining when and how it is possible to patent software of this type.
What is a patent?
According to Wikipedia, the patent (or more properly, the patent for invention ) “is a legal title by virtue of which the owner is granted an exclusive right to exploit the invention, in a territory and for a well-defined period, and which allows preventing others to produce, sell or use the invention without authorization.”
Why do you need a patent for an application?
Does it even make sense to spend time and money on obtaining patents and copyrighting a mobile application? It would seem that it is enough to make a program, put it in an online store and enjoy the flow of money. When you partner with a reputable Mobile application development company, they can guide you through the process of patenting your ideas and ensure that your intellectual property is safeguarded.
In the competitive landscape of Mobile application development, having a patent for your innovative ideas can give you a significant advantage. One of the key reasons for obtaining a patent is to protect your mobile application from being stolen or copied. It is often difficult to differentiate between an original program and a copied version, and there is no guarantee that another developer won’t replicate your code or falsely claim authorship, thereby appropriating the profits you rightfully deserve. By obtaining a patent, you establish yourself as the copyright holder and gain legal grounds to take action against infringers. In the event of theft, you can pursue legal remedies, such as seeking compensation and prohibiting unauthorized use of your intellectual property. Having a patent simplifies the process of punishing unscrupulous competitors and safeguards your rights as the original creator.
Furthermore, a patent adds value to your mobile application and enables you to account for it as an intangible asset. Without a patent or other form of intellectual property protection, it becomes challenging to evaluate and include the application in your company’s assets. Patents provide tangible proof of ownership and can significantly contribute to the overall capitalization of your business. Investors seeking to invest in your product will have more confidence in its potential if they know that certain elements of the mobile application are patented. A patent demonstrates the uniqueness and innovativeness of your application, making it more attractive to potential investors. When you engage a professional Mobile app development service, they can assist you not only in creating a high-quality application but also in understanding the importance of patenting your ideas.
In addition to protection and valuation, patents also provide strategic advantages in the marketplace. When you have a patent for your mobile application, you can leverage it during negotiations and collaborations with other entities. Having a patent demonstrates your commitment to innovation and can enhance your credibility as a reliable and serious player in the industry. It can also help in forging partnerships, licensing agreements, or attracting potential buyers or acquirers for your application.
Moreover, patents can aid in communication with app store administrations to prevent the sale of clones or counterfeit versions of your application. With a patent, you have a legal basis for requesting the removal or blocking of infringing applications from online marketplaces. This helps to maintain the integrity of your brand, protect your market share, and preserve your competitive advantage.
While the process of obtaining a patent may require time and financial investment, the benefits it offers far outweigh the costs. By securing a patent for your mobile application, you safeguard your intellectual property rights, establish ownership, protect against theft, enhance valuation, attract investors, and gain strategic advantages in the marketplace. Overall, patents provide a solid foundation for the long-term success and profitability of your mobile application by ensuring that you have exclusive rights and control over your innovative ideas. By collaborating with a trusted Mobile app development company India, you can navigate the complexities of patenting and focus on bringing your innovative ideas to fruition.
How to patent a mobile application: what is included in the patent ?
First, clarification should be made on what is possible to patent a mobile application and what is not. The law on the subject recognizes the protection of copyright for software, provided it has precise characteristics. Not all software, therefore not all mobile applications, are patentable; only those that solve a technical problem by solving a problem that otherwise would not have been possible to solve.
What falls under the patenting of a mobile application?
The Copyright Law acknowledges the copyright protection for “computer programs in any form, as long as they exhibit originality resulting from the author’s intellectual creativity.” Consequently, concepts and principles underlying program elements, including interfaces, are not covered by these protections. The term “program” also encompasses the preliminary materials involved in designing the program.
The protections provided
Anyone who patents a mobile application or any other software has access to three different types of rights: those of reproduction, modification, and distribution. The reproduction right can be permanent or temporary, partial or total, and concerns the reproduction of the application in any form and by any means. The modification right protects the author so that he is the only one who can transform, translate or adapt the created program. Finally, the distribution right is one that only authorizes the author of the app to distribute the original version or copy of the mobile application that he has patented.
The author of the application also holds moral rights, i.e., those for which he is recognized as the creator of the work, and patrimonial rights, which concern the possibility of obtaining economic benefits from the use, transfer, and distribution of the application.
The general principle is that the author of the application is the one who actually created it, but in the case in which it is developed by an employee of a company on a specific assignment, the law does not explicitly recognize who is the owner of the rights assets. In these cases, it is, therefore, always preferable to protect yourself by drafting a contractual agreement that both parties must sign.
Patent and copyright
Although they are often used as synonyms, the legal institutions of the patent and that of copyright are different from each other. The best protection is undoubtedly that of the patent, but as we have seen, it is not always an accessible solution (the mobile application you want to develop must solve a technical problem). What to do if the app does not have this requirement? Are there other forms of protection? There is the more general one of copyright which recognizes moral protections(which are inalienable) and patrimonial ones. It is important to know the differences and also understand which is the best protection based on the type of app developed. In fact, it is possible to present both a patent application and one for the recognition of copyright, but it is necessary to be guided by a professional in the sector who knows the terms of the law and knows how to offer specialized advice to avoid problems and requests drafted or presented incorrectly or incompletely and which therefore do not constitute the basis for the recognition of the rights and protections envisaged.
Patenting your mobile application ideas not only provides protection during the development phase but also throughout the app’s lifecycle, including maintenance and updates. By having a patent, you have legal grounds to take action against unauthorized use or infringement of your intellectual property, ensuring that your app remains secure and profitable. App development and maintenance go hand in hand with patenting, as it allows you to safeguard your investment and maintain control over your innovative ideas.
Who can get a patenting for a mobile application for a smartphone?
A patent for an application, together with exclusive rights to it, can be obtained by its author or the author’s assignee. Also, the possibility of obtaining exclusive rights can be transferred to the employer under an employment contract or under an assignment agreement. Collaborating with skilled Mobile app developers ensures that your ideas are accurately translated into a functional application while considering patentable elements. Their knowledge and experience in the field contribute to the overall success of patenting your mobile application and maximizing its potential in the market.
In conclusion
Patenting your mobile application ideas is a vital step to protecting your intellectual property and maximizing the potential of your app. Whether you opt for native or Hybrid app development frameworks, partnering with a reputable mobile application development company can provide the expertise and guidance needed to navigate the patenting process.
At Wama Technologies, we understand the significance of patent protection in the competitive app market. Our team of skilled professionals will assist you in identifying patentable elements within your app, ensuring that your innovative concepts and features are properly safeguarded. So, why wait? Take the necessary steps to secure a patent for your mobile application ideas with Wama Technology. Contact us today, and let us help you protect and unlock the full potential of your app.
