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Receiving a patent secures for the inventor the right to exclude others from making, using, offering for sale, selling, or importing the patented invention. Patenting a mobile app, functionally, is no different than the locomotive referenced in Fig. 1 below. A patent serves to safeguard the invention ensuring that unique features within the innovation are secured exclusively to the developer. This protection allows a company to create a uniform mobile app experience for its user so they can stand out in the saturated mobile app market.
A patent deters competitors from replicating key functionalities, maintaining the app's distinctiveness. Understanding the ways in which a patent can protect innovations allows developers to focus on further innovation and growth without the constant threat of imitation or copycats. Having a patent as a shield against imitators allows developers to focus on creating instead of trying to outpace others who may copy or imitate the unique aspects of the mobile app, whether that is functionally or as a matter of design. Ultimately, a patent provides a legal framework to defend unique application features, ensuring that original and novel concepts receive the recognition and protection they deserve.
Once an entity has been granted a patent, those who encroach on the invention are likely to be considered infringing actors, who can be sued for this encroachment. Infringement functions very similarly to the idea of trespassing on property, as the owner can demand others to get off their property or face punishment from the law. A patent holder should take immediate action upon discovering those they believe are infringing on their patent. There are a number of different ways to handle these trespassers, putting the potential infringer on notice to stop via a cease-and-desist letter being the first. Once a potential infringer is placed on notice of their wrongdoing and they fail to cease their activity, a court may find willful infringement, which allows the court to award damages up to three times the amount assessed. An alternative route some entities opt for is to seek an agreement to license portions or all of the patentable material so the person is no longer infringing, and the inventor can monetize and realize the value the patent provides.
Moreover, a mobile app patent can significantly impact a company's valuation. Patented technology showcases a robust intellectual property portfolio, attracting potential investors and buyers. This strategic asset plays a vital role in long-term business growth and sustainability. Securing a patent signals to investors and stakeholders that their investment is backed by someone business oriented and forward thinking. It also demonstrates a commitment to innovation and legal protection, increasing the app's market value. Additionally, a patent can open up revenue streams through licensing agreements or partnerships.Finally, if the inventor finds that they lack a use for the patent but would like to monetize the patent in another way the owner can sell the patent to a buyer and assign the rights to the new owner.
Seeking a patent, at times, can feel overwhelming, but understanding the underlying goals and basic principles of the patent process makes navigating it much easier. Every stage, from identifying patentable elements to meeting the numerous filing requirements, plays a vital role in securing an entity’s intellectual property rights. While the journey may be complex, it’s a worthwhile endeavor that empowers developers and entrepreneurs to innovate confidently knowing they will have the exclusive rights to their invention.
What exactly can be patented is often misunderstood; the term patent often invokes imagery of technical drawings in many people’s minds, similar to Fig. 1. While the tangible innovations that society interacts with daily are often considered the primary focus of patenting, this view overlooks a wealth of patentable opportunities. Patents can cover and protect any number of innovations ranging from the bicycle to a method of exercising cats using a laser pointer and the “1-click shopping” business method by Amazon. To better understand what can be patented see Non-Provisional Patent Applications Overview.
The patent process can be lengthy and challenging, leaving many wondering where to even begin. The first step is almost always a combination of a prior art search coupled with a patentability analysis. A prior art search, in laymen terms, is the process of scouring the public domain for anything that is similar to the innovative nature of the presented idea.This process allows the inventor and the patent attorney to better understand where the invention fits within the current innovative space. In tandem with this, the inventor and an experienced patent practitioner should strategically analyze the invention together to determine the new and novel aspects of the invention and determine the patentable material that needs to be claimed in the patent application.
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Another consideration is whether the invention should be filed as a utility, design patent, or a combination of the two. In general, a utility patent covers the functional or structural components of the invention (e.g., how the invention works or how it is made, See Fig. 5), while a design patent focuses on the aesthetic aspects of the invention (e.g., how the invention looks, See Fig. 3 & 4). Additionally, when filing for a utility patent, the inventor can opt for a provisional patent application. A provisional application has less requirements to file, although many experienced practitioners will file a nearly complete application. This provisional patent serves to establish a priority date, the date on which the innovation has been introduced to the patent office as invented.
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The U.S. patent system operates on a "first-to-file" basis. This means that even if a person is the first to invent something, if they do not file a patent application (provisional or non-provisional) before someone else who independently invents the same thing, their claim to have priority is void and will likely be unable to obtain a patent. Under the first to file system, a priority date establishes the inventor's claim to the invention at the U.S. Patent &Trademark Office and can, in some cases, be used even while the invention is being further developed.
While the patent process can be daunting and tedious it creates an opportunity to protect and better understand what the unique and novel features set your mobile application apart. With the help of an experienced patent attorney and a mind towards legal protection, the developer can navigate the process and focus their energy on what they do best, design and create.
Mobile application developers should consider patenting the novel concepts within their app in order to build a uniform brand, secure the exclusive rights of the invention, and grow value for both the application and the entity as a whole.Innovators should become familiar with the basics of the patent process and consider the wide range of material and options available for patentability to ensure they receive the greatest protection for their inventions.
Lloyd & Mousilli boasts a team of experts in patent and intellectual property law. Let us employ our extensive experience helping early-stage innovators to receive the fullest patent protection over the novel concepts within your mobile application at the earliest date to ensure priority. We have overseen patent strategies for consumer products at some of the largest technology companies and want to share this experience with you. The different teams at our firm, led by seasoned attorneys, work in synergy to help businesses seamlessly weave their patents throughout their broader business strategy. We will ensure that any equity agreements, assignment rights, licensing agreements, non-disclosures, and all other relevant documents accurately reflect the scope and rights regarding your innovations. Our goal at Lloyd & Mousilli is to help clients accomplish their long-term goals by working closely with them at each stage and tailoring our advice in accordance with the client’s aspirations and needs.
If you are in need of legal assistance, reach out and consult with the Lloyd & Mousilli startup legal team or set-up a free consultation through our website for questions about mobile application patenting or any intellectual property and business legal needs.
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