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When you apply to patent your mobile app, the U.S. One major eligibility requirement for a patent is that the same invention hasn't been patented before. Mobile apps can leverage digital tools like sensors, GPS receivers, and accelerometers to collect data that can be used in novel ways. Mobile devices have specific features that can help bring uniqueness and non-obviousness to a mobile app. "Is it not obvious? Is the new part of it tied to some sort of technical implementation? If the answer is yes, then it may be eligible for a patent."īy "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. "Whenever you come up with a new idea, the fundamental question is 'What's new?'" says Kate Gaudry, a partner at Kilpatrick Townsend & Stockton LLP, which focuses on data-driven and strategic patent prosecution.
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Apps can be patented, though they must meet the same criteria of novelty that other products are judged by. But that doesn't mean they can't meet the requirements for acquiring a patent.
How to get an app idea created how to#
App creators may wonder when and how to go about safeguarding their invention.Īpps are different from a widget or a t-shirt in that they only function within another invention-the mobile device. In the competitive universe of mobile apps, protecting intellectual property is increasingly important.