How to Patent an App: Steps You Must Take Now!

What Does it Mean to Patent an App Idea?

Let’s understand what it means to patent an app – 

It simply means obtaining a legal protection. It helps you to grant exclusive rights to unique processes, functionality, or design of your mobile application. 

So, can you patent a mobile app idea? – Well, No! You cannot patent just an app idea. A patent protects an app's technical and functional aspects rather than just the concept.

What Can be Patented in an App?

Check what exactly you can patent in an app: 

Example:

A health & fitness app that automatically adjusts workouts using real-time health sensor data could be patented for its unique algorithm and data processing method, but not for just being a fitness app.

What Cannot be Patented in an App?

Not everything in an app qualifies for a patent. It includes:

Example:

You cannot patent the idea of a ride-sharing app, but if your app uses a unique real-time ride-matching algorithm, that process may be patentable.

How to Know Whether Your Mobile App is Eligible for a Patent?

Let’s understand in what cases you can patent mobile apps:

1. Your App Must be Unique

A patent is only granted to original and novel innovations. 

If your app is just an improvement over an existing idea or includes additional features to an already patented concept, it won't qualify. 

Conducting thorough research and a prior art search is crucial to ensure your app brings something new.  

2. Your App Must be an Invention, Not Just a Concept

An app must exhibit a technological invention to be patented.

Your software can qualify for patent protection if it offers a novel method, technique, or feature that creatively addresses an issue. 

It won't be sufficient just to copy an existing model with minor adjustments.   

3. Your App Cannot be a Clone or Simple Modification

The market for mobile app development is overflowing with comparable apps. Your app idea won't be eligible for a patent if it is a copy or a significantly modified version of an already-existing app. 

For example, adding small features to an existing social media or e-commerce program won't make it patentable. There must be a unique technological advance in your software.  

Different Types of Patent Applications

There are two types of patent applications for mobile apps. Let’s learn:

1. Provisional Patent Application (Temporary Protection: 12 Months)

A Provisional Patent Application (PPA) is a temporary, short-term patent protection issued by the USPTO. 

It allows app creators to secure their invention before filing a full non-provisional patent. 

It grants the ‘Patent Pending’ status for 12 months, preventing others from copying the idea while you refine your app, test market feasibility, and prepare for the final patent filing. 

Essential Details Required for a Provisional Patent Filing:

• Inventor’s Residence Information
• Invention Title
• Attorney Details (if applicable)
• Docket Number (for tracking)
• Correspondence Address
• Mention of any U.S. Government Interest (if applicable for USPTO filings)

Key Advantages of a Provisional Patent

• Early Protection – Establishes a priority date, safeguarding your invention
• Lower Cost – More affordable than a full patent application
• Less Documentation – Requires a brief technical description (usually under 10 pages)
• Flexibility – No need for a formal patent attorney (though recommended)

Filing a PPA is a strategic first step for innovators who want to protect their app idea while still developing it. 

Best for: Developers still working on their app but want early protection.

2. Non-Provisional Patent Application (Full Protection: 20 years)

A non-provisional patent is a complete application that undergoes a full examination by the patent office. 

If approved, it grants exclusive rights to your app's unique processes, features, or algorithms for up to 20 years.

Essential Details Required for a Non-Provisional Patent Filing:

• Title of the Invention 
• Inventor Details
• Patent Specification 
• Claims Section
• Drawings & Diagrams 
• Background & Prior Art 
• Abstract
• Filing Fee Payment
• Declaration & Oath 
• Power of Attorney (if applicable) 

Key Advantages of Non-Provisional Patent Filing:

• Long-Term Protection – Secures exclusive rights for up to 20 years.
• Legally Enforceable – Provides strong legal grounds to take action against infringement.
• Monetization Opportunities – Enables licensing, selling, or commercializing the patented app technology.
• Increases Business Valuation – Boosts credibility and attracts investors by proving uniqueness.
• Comprehensive Protection – Covers detailed app features, algorithms, and processes rather than just an idea.
• Patent Approval & Recognition – Grants full patent rights after passing the examination process.

Best for: Fully developed app innovations ready for long-term protection.

Key Differences at a Glance

How to Patent an App: Step-by-Step Process

You’re on the right track if you plan to patent your app and protect it from being copied. 

While you cannot patent just an idea, you can patent the technical functionality to make your app work differently from others. 

Here, we’ve discussed the step-by-step process to patent an app.

Let’s understand the overall process:

Step 1: Determine if your App Qualifies for a Patent

Your app must meet three key criteria to get patent approval. It includes:

• Novelty: Your app must introduce a new and original process or technology.
• Non-Obviousness: It should not be an obvious modification of existing technology.
• Utility: The app must solve a real-world problem practically.

You can move to the next step if your app meets these requirements.

Step 2: Conduct a Mobile App Patent Research

Before filing, you must check if your app's functionality is patented. This prevents rejection and saves time.  

Where to Search?

• Google Patents
• United States Patent and Trademark Office (USPTO)
• World Intellectual Property Organization (WIPO)

If your patent search finds something similar, consider modifying your app’s functionality to make it unique before proceeding.  

Step 3: Choose the Right Type of Patent

There are three main types of patents for mobile apps:  

• Utility Patent – Protects the functionality, processes, and algorithms (lasts 20 years).  
• Design Patent – Protects the visual appearance (UI/UX elements) (lasts 15 years).  
• Provisional Patent – A temporary patent (valid for 12 months) that secures an early filing date while you finalize the invention.  

If your app has a unique algorithm, process, or hardware integration, go for a Utility Patent. If you want to protect its UI/UX design, opt for a Design Patent.  

Step 4: Prepare a Detailed Patent Application

Now, it’s time to prepare a detailed patent application. Here’s what you need to include:

• Title & Abstract: A concise summary of your app’s innovation.
• Detailed Description: A thorough explanation of your app's work, including flowcharts & diagrams.
• Claims Section: This is the most crucial section. Clearly define what you patent (for example; a unique AI-driven chatbot system).
• Drawings & Diagrams: Visually represent your app’s processes and functions.

Note that the more detailed your description, the stronger your patent application. 

Step 5: File a Provisional or Non-Provisional Patent Application

Choosing between a provisional and non-provisional patent application is crucial in protecting your app. Your decision should depend on your app’s development stage and your budget.

(a) Provisional Patent Application (Temporary Protection – 12 Months)

A provisional patent is a smart choice if you're still refining your app's functionality and need time to finalize it. It offers temporary protection for 12 months, allowing you to:

• Secure an early filing date while continuing development.
• Use the term "Patent Pending" on your app to deter competitors.
• Postpone the higher costs of a non-provisional application.

Best for: Startups or developers who need time to perfect their invention before committing to a full patent.

(b) Non-Provisional Patent Application (Full Protection – 20 Years)

If your app’s innovation is fully developed and you’re ready to secure long-term protection, a non-provisional patent is the right option. 

• Starts the official patent examination process immediately.
• Grants exclusive rights to your app’s unique functionality for up to 20 years.
• It requires a detailed technical description, as well as claims and drawings.

Best for: Businesses and developers with a fully developed app innovation ready for long-term protection.

Step 6: Work With a Patent Attorney (Optional but Recommended)

Patent applications require legal and technical expertise. A patent attorney can help:

• Conduct a detailed patent search to ensure uniqueness.  
• Draft a strong application to avoid rejection.  
•  Navigate the complex legal process with the USPTO or other patent offices.  

After filing your patent, regularly track its progress. Examiners may request clarifications or modifications. Respond promptly to strengthen your approval chances.

How Much Does it Cost to Patent an App?

Patenting of mobile app costs can vary depending on several factors. These factors include the complexity of the invention, patent type, the geographic scope of protection, attorney fees, patent search, patent office fees, and geographic coverage. 

Below, we’ve discussed a  detailed breakdown of the expenses involved:

Additional fees to consider:

• Post-Issuance & Maintenance Fees: To keep the patent active. 
• Patent Trial & Appeals: If a legal dispute arises
• Patent Petitions & Amendments: For modifications or extensions 

An examiner periodically assesses your application to ascertain its eligibility because patent approval can take years. The procedure can be streamlined by being prompt in answering legal requests and office actions.

Patent Your App Idea and Build Robust Mobile App With Apptunix Experts

Securing a patent for your app idea is just the first step—bringing it to life with a powerful, high-performing app is what truly sets you apart! 

At Apptunix, a leading mobile app development company --  we don’t just protect your innovation; we transform it into a market-ready, feature-rich mobile application that stands out.

• End-to-End Development – From ideation to launch, we cover it all.
• Cutting-Edge Technology – AI, blockchain, IoT, and more to enhance your app.
• Custom Solutions – Scalable, secure, and tailored to your business needs.
• Expert Guidance – Patent consulting and legal protection support.

Got a patented app idea? Let’s turn it into reality! Contact Apptunix today!