Four tips for patenting an app

Apps have become an integral part of our daily lives. Quickly pay someone back for a meal, send a message or look up the shortest route. New apps are added every day to make our lives even easier. What if you have come up with a revolutionary app? How do you protect the app from being copied by competitors? You can use a patent for this. It is not easy to do but not impossible if you follow the tips in this blog.

How to patent an app

Let me get straight to the point: it is not possible to patent the actual app itself. It is also not possible to protect the software that’s been used to make the app. Both of these are excluded in the European Patent Treaty. Fortunately there is another way. An innovation has to be a technical solution to a technical problem. An app is installed on a phone, which makes it technical. If the software subsequently solves a technical problem, is novel and inventive, then there is the potential to patent it.

If you want to stand a chance of getting a patent, you will need to take a number of aspects that go beyond the actual software into account. I will explain them to you in the following tips.

Tip 1: Start out from the solution

To get a patent on an app it is good to start out from the solution. Bear in mind that the app is not the solution, but an elaboration of it. For example: you develop an app that uses less data to play films on a phone. Time to get some for advice from a patent attorney. My first question to you would be: "How did you solve the technical problem with the app?" The answer to that question should not be: "an app to use less data when streaming films." The app itself is not the solution to the problem, but the process described in the software.

Tip 2: Establish the process

To establish the process you will need to look for the essential steps in the software that produce the solution to the technical problem. To get to those steps, you will once again have to go back to why you wanted to develop this app. In this case, because you want to use less data when streaming.

This is how it works:

1. The sender of the films sends input
2. Something happens in the phone based on the software you have written
3. The effect is that less data is used while streaming

Whatever is involved in that middle step contributes to the solution. This means we have to look at what it contributes per software rule. Anything that contributes to the solution is patentable, provided it is a technical solution that is novel and inventive.

Tip 3: Bear in mind that the process involved is a lengthy one.

If you are keen to protect your app, you will need to bear in mind that the process involved is a lengthy one. Think carefully as to whether it is worth the time and investment. It might be better to ensure that the code cannot be seen or to opt for a different method of protection. Which brings me to tip 4.

Tip 4: Seek timely advice from a patent attorney

It might appear to fall into the category: "we at X recommend X", but I nevertheless want to mention this tip. A good patent attorney will be able to tell you exactly whether or not it is advisable for you to opt for patenting in the case of your app. On top of that a patent on an app requires quite a bit of creativity and a detailed description of the claims. This is where a patent attorney familiar with the rapid developments in high-tech can save you a lot of headaches.