2021-02-16
Patents protect unique and novel ideas and devices that provide an interesting or innovative way to solve life's inconveniences. Companies devote months to years in their R&D to develop a unique way to improve their customers’ lives while staying ahead of their competitors. However, you don't need to be an established business owner to create something special worth protecting.
App development is receiving a surge in popularity in recent years. With more people getting into mobile tech, app developers are getting more coverage and reach for their products to the general market. These creations can perform many services when installed in a person's device, ranging from hands-free control to automated app management. Although apps work on existing technologies such as computers and smart phones, they may be eligible for patent protection.
The Prerequisite to Patent an App
With a huge selection of available apps, you may want to consider your potential market. You may also want to identify the unique aspects of your app. Are these unique aspects different enough from existing apps, products and computer programs that they won't be considered obvious? And what exactly are you hoping to protect with a patent? The icons, design, and coding are potentially protectable by copyright but not by a patent. A unique idea for a game is also not protectable by a patent. Generally, if you are looking to protect your app with a patent, it is the unique method behind the app, or how it operates, as opposed to what it looks like that may be protected.
The Journey Toward Patent Eligibility
After identifying the unique aspects of your app, a patent search to determine if something similar has already been protected is a beneficial step. Multiple different patent databases exist for a search, including the Canadian Patent database, the US Patent & Trademark Office database, the European Patent Office database, and Google Patents. These searches are all completed using keywords. A registered patent agent or lawyer can provide patent search assistance and provide an opinion of patentability. While performing a patent search is not a requirement before filing a patent application, the information that it can provide can be invaluable.
The Right Time to Apply for a Patent
The best time to apply for a patent application is before you disclose it to the public. However, if that isn't possible, you have one year from the first public disclosure to file applications in both Canada and the US. Some other countries may also have grace periods for filing after a public disclosure, but many do not.
If you are receiving offers from investors or sponsors to develop your product under contract, you may want to secure a patent. A prototype is not a requirement for filing an application, however you must know how the app will work, including the intricate details of hardware, coding, and expected results. If you don't have a prototype before filing and it turns out that the details in your application don't result in a working invention, your patent will be invalid.
A failure to file a patent application can result in a loss of rights and the invention may become a part of the public domain. This means that any interested party could utilize the invention without risk of infringement. The patent system in Canada is based on a first to file system. This means that the first person to file the patent application is the person entitled to patent protection except in some rare circumstances that do not apply in most situations. Understanding the potential value of your invention and patents can help you determine whether protecting your app with a patent is beneficial.
Conclusion
It's not uncommon for app developers in the market to be cautious about their creations. There's an entire practice of asset flipping where game developers purchase pre-made models to create copycat products. This practice is more open on an operational level in the mobile game market, where publishers copy game designs from others. For app developers, filing a patent may be useful in protecting their hard work and creative byproducts.
Owning your app is just as important as protecting your creative rights. If you need an intellectual property agent or lawyer in Alberta to guide you with patent laws, our team can help. Contact our IP professionals today for assistance.
