How to Patent an App Idea in 2024? Here is Everything You Need to Know – The Global Tofay

When someone is new to the app market, their mind becomes a question bank. They are overwhelmed with many questions. Among all those, one topic of discussion is around patenting an app idea.

We often see people have a concern: How do I patent my app idea? This question is often followed by: 

• Is patenting necessary?
• Can I patent an app idea?
• How much does it cost to patent an app idea?

Well, that is obvious to have these queries. Therefore, to solve this hustle, we thought to write this blog on the topic of how to patent an app idea in 2024.

Here, we have mentioned everything that a person who is interested and planning to patent their mobile application idea.

The main objective is to help those new entrepreneurs who want to have a successful app development journey. And, most importantly, those who are looking to protect their outstanding idea from getting stolen.

Assuming, patenting an app idea is the initial stage for some, so for them, this blog is a gift that will make their patenting process smoother.

So, let’s simplify the process and get the answers for queries that hit during the patenting of app ideas; one by one.

What is patenting an app idea?

Think of a patent for your app idea as a shield. Yes, you read it right. Patenting an app idea is a process to protect the original and unique app idea. This will help you get an intellectual property right for your concept. Meaning the idea is safe from any type of illegal use and there is no more copying of the idea.

In other words, patenting a mobile application idea guards against anyone who might try to copy, sell, or make your invention called theirs.

Why patenting an app idea is important?

We all are aware of the growing demand for mobile applications in the digital arena.

There are approximately more than 8 billion world population, and while writing this blog, there are around 4.88 billion smartphone users.

Hence, even if you are thinking of launching your app in the market, the competition is higher than you might think.

This is not to scare you, but brutal truth.

Therefore, if you have cracked an amazing mobile application idea like WhatsApp, Meta, Twitter, or TikTok, then a mobile app idea patent is the next step you must take. 

Why? 

This is because your unique app idea is valuable. In this competitive world where a good idea can be cloned in no time, patenting an app idea will help you escape from this situation. 

You must realize that if you don’t take steps to patent an app idea, your creative vision is in danger. It can be copied at any time. Thus, your hopes of success can easily be turned into lost dreams.

Still, if these words are not awakening for you, and have a question- why should I patent an app idea? Then, just look at the below numbers.

Statistics Around Patent Filling Across The World

On a global scale, in 2022, around 85% of patent filings occurred in major intellectual property (IP) offices like those in China, the US, Japan, the Republic of Korea, and the EPO, with China alone representing 46.8% of the global total.

As per the WIPO’s latest complete data on intellectual property activity around the world, the process of patent filings reached 3.46 million.

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According to the IPO’s Annual Report 2022–23, the number of patent applications filed by startups increased by over 150% in the past five years.

Applicants from the 27 EU countries filed 17,219 U.K. trademark applications in 2023 (11% of the total); the majority of these (10,907) were filed as U.K. designations of a WIPO International Registration.

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Furthermore, it won’t go wrong in saying, in this competitive arena of app development-

”Having a patent for a mobile application isn’t just nice—it’s essential.”

Getting a patent means you’re the only one allowed to use your idea for a certain number of years. 

In short, patenting an app idea is important because this legal process makes sure your innovation stays yours and yours alone.

But remember, not every app idea can wear this protective armor.  So, if you have ‘Can I patent an app idea?’; Yes, of course, you can. But, for that-

• Your idea needs to be new
• It also has to be non-obvious
• it must be useful

If your mobile application idea fills these criteria, then the patent world is ready for you. Thus, you can even think of to hire app developers to take your idea to reality.

So, let’s get back to the most important question that many of you are waiting for – how can I patent an app idea?

Well, in the below section, we have talked about the steps that you have to follow to patent an app idea. Read it carefully, as we have mentioned everything that you should know about this process. 

How to patent an app idea- Important Steps

To successfully complete the process of patenting a mobile application idea, follow the below instructions.

Step 1. Determining the Patentability of Your App Idea

If you think your app idea is different from others and has the potential to grow in the vast universe of digital innovations. We suggest you take the next step and check -whether it is eligible for patentability or not.

As already discussed not every idea is eligible, thus, this step is important.

And, you know what-  if your idea passes the eligibility, you are on a profitable ride.

So to check that your app idea is ready to patent, ask yourself three key questions: 

• Is my app idea new? 
• Is it something that’s not just a small step away from what already exists? 
• And does it serve a practical purpose? 

If your answer is Yes for all, you’re on the right path.

Moreover, here are some key points to determine the patentability of your mobile application idea:

➱ Originality is key

Your app needs to be a fresh breeze in the world of technology. If someone else has thought of it, or it’s too similar to existing apps, your idea might not be eligible for a patent. 

So, to pass the eligibility, your idea should be new, original, and unique. It should not be anywhere, be it YouTube, books, magazines, articles, or other resources. Plus, it should even not be present in the files of the pending patent app list.

➱ Non-obviousness

Next, your app can’t be an obvious idea. If the anyway someone could think of it with a little nudge in the right direction, it might not pass the test.

➱ Usefulness is essential

Your mobile application must serve a useful purpose. It is another aspect that you should be clear about while patenting an idea. This means it should provide some tangible benefit or solve a specific problem. If your app doesn’t add any value or its utility cannot be demonstrated, it may not meet the criteria for patentability.

Step 2. Choosing the type of patent application 

Once you’ve determined that your app idea is patentable, the next step is to decide which type of patent application to file. You generally have two options:

1. Provisional Patent Application (PPA)

A Provisional Patent Application is a temporary application that establishes an early filing date for your invention. This type of patent doesn’t require a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. 

Filing a PPA can be a strategic move, allowing you to use the term Patent Pending for your app for one year. During this period, you can further develop your app, seek investors, or test the market.

Advantages of filing a Provisional Patent Application:

• It’s less expensive compared to a non-provisional application.
• It buys you time to perfect your invention before filing a full patent.
• It establishes an early filing date, which can be crucial in the competitive tech industry.

2. Non-Provisional Patent Application

A Non-Provisional Patent Application is a more formal application that starts the examination process by the United States Patent and Trademark Office (USPTO). This application requires a detailed description of your app, claims defining the scope of the invention, and an oath or declaration.

Advantages of filing a Non-Provisional Patent Application:

• It can lead to an issued patent, granting you exclusive rights to your app.
• It provides a stronger legal position against potential infringers.

Provisional Patent Application vs. Non-Provisional Patent Application

Step 3. Conducting a Thorough Patent Search

Before you get started with the paperwork to patent your app idea, there’s an important step you should focus is having a thorough patent search. 

This step is like looking before you leap. It helps you see if there’s already someone out there who has thought of something similar to your idea. 

Put your time and resources, before it is too late. It is not worth, filing a patent application for your app idea, and later, it gets rejected just because someone else already filled it. Therefore, do it carefully.

Moreover, a detailed patent search involves going through databases and records at the United States Patent and Trademark Office (USPTO). Here you can check for existing patents that might be similar to your app idea. 

Note– don’t just look for the exact match; also consider finding out those apps that could be closer to yours.

Moreover, when seeking patent protection for your app idea, it’s crucial to navigate the complex legal frameworks of different regions. 

Each country has specific eligibility criteria that must be met to secure a patent. This guide provides a concise overview of these requirements, focusing on key regions and the Patent Cooperation Treaty (PCT).

Regional Specifics

No doubt, this process is a hectic task; so take the help of an attorney or agent. Even though, if during the searches you find any project similar to yours, you have time to make some changes in your planning and then more further confidently.

Step 4. Prepare a Detailed Description of Your App Idea

Before you submit the file for a mobile app patent or mobile app idea patent, you have to be ready with a detailed description of your invention.

In a document mention everything from what your app does to laying out the unique aspects that make your app stand out from the crowd. 

For example-

• Explaining how your app functions
• The particular problem it solves

This detailed narrative is your chance to convince the patent office that your app is not only unique but also worthy of patent protection.

Step 5. Drafting and Filing Your Patent Application

This part of the process turns your detailed description and all your hard work into an official request for patent protection. Think of it as putting a formal stamp on your unique app idea.

You’ll need to fill out specific forms provided by the United States Patent and Trademark Office (USPTO). 

These forms ask for information about your invention and how it works. Make sure you fill out every section carefully and accurately. Any mistake could delay your application or even cause it to be rejected.

Once your application is ready, you’ll submit it to the USPTO, along with the required fee. 

Step 6: Navigating the Patent Examination Process

After you’ve sent in your patent application, it enters a review phase where the USPTO takes a closer look. 

The examiners check to make sure your app is unique, useful, and not just an obvious tweak on something that already exists. They’re like detectives, combing through every detail to ensure everything lines up right.

During this time, the USPTO might reach out with questions or ask for more information. You’ll need to answer quickly and clearly. Getting back to them without delay helps keep your application moving along the path to approval.

This part of the process is a bit like a conversation. The USPTO might say, “We need more details on this feature,” or “Can you explain how this part is different from existing apps?” Your job is to respond in a way that strengthens your case for getting a patent.

Furthermore, patience and prompt responses are your best friends during the patent examination process. 

Step 7: Maintaining and Enforcing Your App Patent

Now, it’s time to keep it secure and enforce your rights. Although keeping your patent healthy and active, you’ll have to pay maintenance fees at certain times. 

These fees help ensure your patent stays in effect for its full term. But what if you notice someone else using your app idea without permission? This is where enforcement comes in. Protecting your patent might mean taking legal steps to stop others from stepping on your turf. 

It’s about making sure the value of your hard work and creativity is respected. By staying vigilant and ready to act, you can help make sure your app continues to thrive and remains exclusively yours.

Also Read: Cost to Build a Personal Security App

Costs and Timeframes Involved to Patent an App Idea

Patenting an app idea isn’t just about filling out a form and waiting a few days. It’s a journey that requires both time and money. The amount you’ll spend and the time it will take depends on several things. 

First is the complexity surrounding your app idea. The more complex the app gets, the more it generally costs in patenting because explaining and protection support has a need for all its unique components. 

Moreover, when one is calculating the cost to patent an app idea, government fees, and attorney fees must be taken into account. Such costs might vary enormously, depending on the country within which the application for a patent is filed.

For an overview, here are some brief costs associated with patenting an app idea in the following critical regions: China, Australia, Europe,, the United Kingdom, the United States, and Japan.

Costs for patent applications across different regions.

On the time front, be prepared for patience. From the moment you file your application, it can take several months to a few years before you get a final answer. The USPTO has a lot of applications to go through, and each one gets a thorough check to make sure it meets all the rules for getting a patent.

So, while the idea of patenting your app is exciting, it’s important to plan for both the financial investment and the wait involved. 

Other than that, it is essential that you know how much it costs to develop a mobile app in India. So, when your idea is approved, you know what budget to keep with you during the development process.

The Ending Words

Well, the journey to patent your app idea in 2024 can seem like a daunting task since it involves legal steps and careful planning. Yet, it’s a pathway paved with the potential for immense rewards. 

Protecting your app not only secures your unique vision from being replicated but also elevates its value in the competitive digital marketplace. Remember, the key to navigating this process smoothly lies in understanding the steps involved, from ensuring your idea’s patentability to maintaining the patent once granted. 

Therefore, we suggest staying informed, patient, and prepared to invest both time and resources. Hiring a mobile app development company in India too is worth every effort. Having them will help you transform the app idea into reality.

Take each step with confidence, knowing you’re paving the way for your app’s success in the bustling world of technology.

FAQS

Q1. How long does it take to get a patent for an app idea?

 The time it takes can vary, but generally, it ranges from 1-3 years. The timeline depends on the complexity of your app and how quickly the USPTO can review your application. 

Q2. Can I patent an idea for an app?

Yes, you can, but for that, your app must offer a unique function or process, be new, and not be obvious to someone skilled in the area of your app. Essentially, you need to demonstrate how your app works and why it’s different from existing ones. 

Q3. How much does it cost to patent an app idea?

Costs can range widely based on the complexity of the app and whether you hire a professional, like a patent attorney, to help with your application. There are filing fees with the USPTO, and if you use a patent attorney, there will be additional costs for their services. 

However, here is a highlight of the key costs for patent applications across different regions.

Australia:

• Provisional Patent: AU$4,500 AU$8,500.
• Standard Patent: AU$8,000 AU$15,000 per country.
• Attorney Fees: AU$1,500 AU$2,200.

Europe:

• European Patent: From €10,000 + €1,000 per country.

United Kingdom:

• Filing: £3,000 £5,000 with an attorney.

United States:

• Provisional Patent: $2,000 $5,000.
• Non-Provisional Patent: $10,000 $15,000.
• Overall Costs: $20,000 $30,000, including maintenance.

Q4. What if I see someone else using my patented app idea?

If your app idea is patented and someone uses it without permission, you can take legal action to enforce your patent rights. This might involve sending a cease-and-desist letter or filing a lawsuit. Remember, securing a patent for your app idea is a significant step toward protecting and capitalizing on your innovation.

Arpana K

Arpana is an integral member of the iWebServices team, bringing her expertise and dedication to our content marketing and insights efforts. With a talent for creating engaging and informative content, Arpana plays a vital role in ensuring our messaging resonates with our audience. Her keen understanding of market trends and her ability to translate data into actionable strategies make her a valuable asset to our team. Arpana’s contributions to our blog are filled with insightful perspectives and practical advice, helping our readers navigate the dynamic landscape of digital marketing.