Can You Patent a Mobile App?

One of the newest, biggest industries in the business world is mobile apps. With the rise of smartphones and tablets, mobile apps have become increasingly popular and their success does not seem to be slowing down anytime soon. If you have created a mobile app, you may be wondering whether or not applying for a patent is feasible. The answer is yes, but there are certain requirements and criteria you must meet to in order to receive one.

The U.S. Patent & Trademark Office

The U.S. Patent & Trademark Office, also known as USPTO, is the department that determines whether an invention reaches all of the patent eligibility requirements. If you believe that your mobile app meets these requirements, it is probably a good idea to try and obtain a patent. The first order of business for the USPTO is to determine whether or not your mobile app was an original idea. If someone has already come up with the same concept, your app most likely will not be awarded a patent. Contact the best law firm for patent protection in Scottsdale to get an idea of whether or not your mobile app will qualify.

First-To-File

If your mobile app is deemed to be original, then the USPTO will look into other aspects of the invention. This includes whether the idea is abstract or concrete, and if it is a non-obvious invention. A non-obvious invention is one that would not be easily thought of by a specialist in the same field. There also must be features that have never been replicated before on a mobile app.

It is especially important to note that as the rules are today, the USPTO accepts patents on a first-to-file basis. This means that even if you were the original inventor of a mobile app, if someone else files for a patent first, they will qualify. This makes it critical to be on top of things if you think that your app may be able to receive a patent from the USPTO.