Patent Mobile App
Patent Mobile App
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Patent A Mobile App
Having a mobile app idea and patenting a mobile app idea means two very different things. One of the first things about mobile app patents people must know is they have to build a functioning version of a mobile app before it can patented. At AB Mobile Apps we see thousands of Mobile App Patent ideas a day and there is always some very big subject we must cover with our clients when reviewing the mobile app patent ideas. The key points for a mobile app are:
- Benefits of mobile app patents
- Mobile app patents overview and guidelines
- Can mobile apps be patented
- What is the influence of a mobile app patent and trademark
- Importance of copywriting a mobile app
Benefits of registering a mobile app patent
Once you’ve registered a mobile app patent, apart from using the mobile app patent to prevent others from using or exploiting it, you can even use it to raise funds for your business, sell the patented invention and license it to third parties for commercial returns.
Mobile App Patents
Mobile App Patents give protection to the inventors but are much different in how they are granted. A mobile app must be created prior to gaining a full patent and not it cannot have preexisting technologies on the market prior to the patent filing. As per the dictionary definition- “a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using or selling an invention”. Mobile application patents are nothing but software patents except running on a mobile hardware and interacting with various users. Each country has different norms for examining the patent applications based on computer implemented applications or software based inventions. Mobile app patents can be extremely valuable as whole companies are based around acquiring them and investors may shy away from a company that does not have mobile application patents.
Patent mobile apps
Mobile app patents have become big business as the mobile market has grown and is one of the largest in the world today. A short and apt answer to the question- “whether mobile apps could be patented or not”, is a “yes” as it’s a component of the methods of interaction. That is key in understanding how mobile patents are granted. With mobile apps you mainly patent the process of the technology i.e. the process running on a mobile phone that connects to a remote server containing data that either stores the data or processes it to be used on the mobile phone. In other words, the communication process of data from a server to you as it is displayed on the mobile device.
There are various criteria’s defined by different countries related to patenting mobile applications and apart from that also, it’s not mandatory each and every country allows you to patent your mobile apps.
Choosing a mobile app patent application
It takes time to develop an invention; mostly a lot of mobile developers choose to file a provisional patent application first for the mobile app, which is usually the standard utility patent application, to secure a filing date. Patenting any product can be long, complex and expensive process. But there are several ways by which you can patent your mobile app at an affordable cost. Provisional patent application is one of the mostly accepted strategies, however there is a time limit involved and although you are protecting your idea you have limited time to get it built and demonstrate the functionality before the patent is void.
It is much cheaper than the non-provisional utility patent application. Various sites online help you to apply for a patent. Legal zoom is one such site which helps you do so.
Mobile App Patents and Trademarks
Once you have your mobile app patent going you need to seek other protection as well. For marketing or various other usage purposes, a mobile application can have a creative device (logo) or a name. Or else can even have a combination of two; through which the mobile application is recognized by its consumer. It is quite important to mention that a Trademark gains strength through its usage. Also, with more usage it becomes more exposed to duplication. A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from others.
It can be located on a package, label, voucher or the product itself. For the sake of corporate identity, trademarks are also displays on buildings of a certain company. A trademark identifies the brand owner of a particular service or product. They can be even licensed to others. The unauthorized usage of trademarks by producing and trading consumer goods is known as brand piracy. Brand piracy can be defined as the act of giving name to a product in a way which can result in great confusion with the other brands that are famous. As per Robert Tonnis –“the term brand privacy includes the usage of famous brand names, labels, description of trade in an unauthorized or illegal way”.
The law considers a trademark to be a form of property. In some jurisdictions, trademark rights can be established through either or both means, these rights are generally only enforceable in that jurisdiction a quality which is sometimes known as territoriality. Some terms like “mark”, “brand”, “label”, “name”, “letter” and “signature” are used in place of the word “trademark”. Specialized types of trademark include certification marks, collective trademarks and defensive trademarks.
Mobile App Patents and Copyright
Another important for of protection for mobile apps is “copyright”. Copyright allows protection for creators of original work of authorship for literary and artistic work. Copyright is a legal right created by the law of country that grants the creator of original work exclusive rights to its use and distribution, usually for a certain period of time. The exclusive rights are not absolute; they are limited by limitations and exceptions to copyright law, including fair use.
Copyright is a form of intellectual property, applicable to any expressed representation of a creative work. It is a legal right created by the law of a country that grants the creator of an original work. The presentation of various mobile screens and computer codes during a workflow of a mobile application are considered as artistic work and literary work respectively. Apart from these, the various other aspects of a mobile application which can be considered artistic or creative are movable images, sound, videos, music, recordings, etc. of the interface of mobile application.
Mobile App Patents and Copyright Exclusive rights
Several exclusive rights typically attach to the holder of copyright:
- To produce copies or reproductions of the work and to sell those copies.
- To import or export work
- To perform or display work publicly
- To sell the rights to others
- To transmit or display by radio or video
Apps are usually available through application distribution. In a similar way, we can even secure our rights and apps by adapting the various ways as discussed above but which technique you want to use and how, that depends wholly on you.
AB Mobile Apps
AB Mobile Apps we help you with the process of creating a mobile app and recommendations to obtain your mobile app patent, so your idea is always protected! Get a mobile app today from AB Mobile Apps!
Contact us now for free estimates, recommendations, and development of your mobile application, contact us at (866) 882-2711, or Info@ABMobileApps.com