Software based mobile application patents are a trend now. With the launch of umpteen smart phone apps on a regular basis, the inventors tend to be extra cautious of protecting their innovations. One of the prime contributing reason being the stiff competitive market of these mobile apps. When you have thousands of apps offering more or less similar features, it becomes vital to secure an early priority date and eventually a patent to be on the beneficial side. Now talking more on the practical side of these mobile app based patent applications, it is a requisite to know few vital points while drafting your patent application.
1. Prior art is life saving : In spite of being the most important aspect , many solo inventors or start ups tend to overlook this one on account of extra financial expenses. While one might be thinking his invention is unique and one of a kind but in actuality a lot other inventions embody similar backgrounds or likely similar patent claims. Especially under the mobile app patents prior art, you will find many claims which more or less reflect your proposed invention. Such a high probability of similar or likely similar claims emanate from the overcrowded mobile app marketplace where attaining patents can certainly gives you an edge over others.
2. Provisional or Non Provisional application: Inventors have an option of filing a provisional patent application in order to attain an early priority date. It is also desirable to file a provisional application when you are still undergoing the process of finalizing the invention but at the same time wish to safeguard the initial idea. As soon as you are ready with the complete invention details, you may go ahead filing the non provisional patent application. A provisional application has to be followed with a non – provisional patent application within 12 months from the provisional filing date. Many a times, a provisional application gives appreciable time to the inventors during which they can test or validate their ideas in the marketplace before filing the complete patent applications.
3. Quantity and Quality of claims: Well structured and technically adept claims attain benefits during patent application examinations. Always lay more emphasis on the quality rather than the quantity of claims.It is also noteworthy that additional claims beyond a certain limit amounts to additional fee. Hence, it is imperative to select the best combination of dependent and independent claims highlighting the proposed invention.
1. Prior art is life saving : In spite of being the most important aspect , many solo inventors or start ups tend to overlook this one on account of extra financial expenses. While one might be thinking his invention is unique and one of a kind but in actuality a lot other inventions embody similar backgrounds or likely similar patent claims. Especially under the mobile app patents prior art, you will find many claims which more or less reflect your proposed invention. Such a high probability of similar or likely similar claims emanate from the overcrowded mobile app marketplace where attaining patents can certainly gives you an edge over others.
2. Provisional or Non Provisional application: Inventors have an option of filing a provisional patent application in order to attain an early priority date. It is also desirable to file a provisional application when you are still undergoing the process of finalizing the invention but at the same time wish to safeguard the initial idea. As soon as you are ready with the complete invention details, you may go ahead filing the non provisional patent application. A provisional application has to be followed with a non – provisional patent application within 12 months from the provisional filing date. Many a times, a provisional application gives appreciable time to the inventors during which they can test or validate their ideas in the marketplace before filing the complete patent applications.
3. Quantity and Quality of claims: Well structured and technically adept claims attain benefits during patent application examinations. Always lay more emphasis on the quality rather than the quantity of claims.It is also noteworthy that additional claims beyond a certain limit amounts to additional fee. Hence, it is imperative to select the best combination of dependent and independent claims highlighting the proposed invention.
4. Drawings : Specially in the case of smart phone app based patent applications, it is crucial to add the right mix of flowcharts, user interface, graphical interface and other component based diagrams explaining the essence of the proposed invention. Well arranged, adequately labeled and well explained drawings always maintain an advantage over others.
Hence, we tried to give you an overview of certain important elements which you shall keep in mind while filing the software patent applications under mobile apps domain.
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