Patents are a form of intellectual property that protect the creator of a product or invention from being copied or used by someone else. Apple, for example, holds hundreds of patents relating to their products, and it’s these very patents which make sure third-party brands can’t make i Phones and i Pads as well. The idea behind patenting an app is simple: if you have a great idea for an app, you can protect it from being stolen by others who may want to use your idea without your permission.
What is a patent?
A patent is a limited monopoly right granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for public disclosure of an invention. The patent is a form of intellectual property. Intellectual property, a form of intangible property, is a right that is granted to people by a state.
Intellectual property is essential to capitalism, a much more sophisticated form of capitalism than that relying on the primitive assumptions of feudalism.
Modern advanced capitalist economies are based on an entrepreneurial culture. Entrepreneurs create and innovate products and services, an innovation that allows competitors to be undercut and create a free market. Intangible property, then, is essential to advanced capitalism. It allows the capitalist to “outsource” work related to intellectual property to others for a fee.
The intent of patents is to respond to the needs of corporations by making them exclusive rights to the uses of their technology a.k.a. monopolies.Right to Thirst is the most fundamental characteristic of patents, and this brings us to problems with the Fish Lives Patent.
Patents Law Case Study
On January 14, 2009 the U.S. Patent and Trademark Office (USPTO) published a Google patent titled “Fish video game system.”
I won’t be going through the entire process of obtaining a patent, but here’s a summary of the patent itself using real examples: Inventors: Google, Inc. - Primary Examiner: Donald L. Fisher. To obtain a Patent in the area of Information Retrieval, Google, Inc. must file a Notice of Exception with the USPTO. How-to Applications: Google may provide information about its patented technology and ways to obtain a patent by marking the information-retrieval tasks in question. Special Provisions: A Notice of Exception to Patent is effective for a limited period of time (a “NOO”). The NOOE must be filed within six months of the date of publication of the general announcements and notices.
How to patent an app idea
In order to patent an app idea, you need to find a patent lawyer. The lawyer will help you write a patent application and then file that application with the United States Patent and Trademark Office (USPTO). The USPTO is responsible for issuing patents and registering trademarks. The patent application will include information like:
1.the idea
2.the idea’s location
3.the method to the idea’s achievement
The Idea:
An app idea is an idea that solves a problem in the future. A common example is what Zillow does with real estate data (See Below).
The Location:
Knowing where the location of an idea is generally easier than knowing the exact physical location.
The Method:
The method may be used to analyze real estate data to determine how the vacancy rate is performing. Real estate data includes market information, such as total sales, total income, taxes, property value, etc. These real estate data can be viewed through various investment websites. For example, an investor may search for property value in real estate websites such as Zillow and Redfin and get information about the market value of real estate in that area.
Two examples of real property data in real estate websites include:
i. The local Zillow value or Zestimate based on the median sales price.
ii. The local Redfin value or Zestimate based on the median sales price.
The patented app idea ensures that you identify the location of the problem, like:
Findings
Key Results
The key findings are the specific insights or find out that the app idea can provide. These are elements for an app to include to differentiate itself in the future from conventional solutions. Investors might use the find-out elements to rank conventional real estate companies. For example, if someone searching from New York looked up Redfin values in New York, that reveals that Redfin can deliver a more targeted real estate solution to that person in that specific geographic location.
The benefits of patenting your app
Patenting your app is a great way to protect your intellectual property. If you’ve developed a new app and want to protect your rights to it, you should consider patenting the work you’ve put into it.Patents protect inventions, but you’re not limited to them. You can always apply for a compulsory license as well: this allows others to use your invention without paying royalty for each use.
2. To determine whether you need a patent, you can use an economic or technological analysis. One important factor to consider is whether your invention is paradigm-shifting. Patents must solve problems of first concern to qualify for patent ability (Patent Directive 2001/39/EC). The physical world doesn’t have problems of first concern; modern inventions obviously do. Obtaining a patent on an important first use of an invention would qualify your application for patent ability.
3. Patents are enforceable either on a royalty-free basis or by securing compulsory licenses from other patents owned by Apple, Inc. (or other companies), subject to the availability of application and filing fees.
4. The principal benefit of obtaining a compulsory license is the possibility to avoid the standard three-year waiting period for obtaining a U.S. patent. The certification process, which involves the assignment of an authorized representative to act on your behalf, completes the patent application procedure and can theoretically speed things up considerably. The same goes for controlling any inventions you may have independently developed in your spare time (though these may not be eligible for a compulsory license).
5. When evaluating whether a license is appropriate, there are a couple of things to keep in mind: the compulsory license does not give you permission to practice your invention; you must still adhere to the applicable laws and regulations in your home nation.
Some countries require patents to notify anyone intending to use their invention within three months after obtaining the patent.
The types of patents available for apps
There are two main types of patents available for apps. The first are utility patents, which protect the way something works. The second are design patents, which protect the way something looks. It’s important to note that utility patents are generally stronger than design patents, but design patents are easier to get.
Common mistakes when patenting an app idea
Many people who come up with an idea for an app think that just because they have an idea, it’s already an app and they don’t need to do anything else other than build the app and let it sell. That’s a mistake.
