How to Patent an App Idea in 2025?

Have a creative app idea that has the potential to generate new business opportunities? If your idea is novel and you wish to own the market without any competition, obtaining a mobile app patent is the solution. But how do you proceed? This blog offers a step-by-step guide on how to patent an app idea.

You’ve developed a revolutionary mobile application idea that may change the world of digital technology and provide enormous advantages to consumers. Although the idea is entirely yours, you and a couple of close colleagues are the only ones who know about it.

But suppose another person thinks of something like this and gets to it before you? They might get the recognition that is rightfully yours. This is where patents can be useful, guarding your intellectual property. To enter into the process, there are some important statistics to consider first.

Using information from the United States Patent and Trademark Office (USPTO), nearly 812,675 patent applications had been received through 2024.

Since the advantages of safeguarding an app idea against imitation are evident, startups and entrepreneurs frequently wonder:

“How can I patent a mobile app?”

Follow along with this guide as we lead you through the necessary steps to successfully file your patent application. Let’s begin!

What Does it Mean to Patent an App Idea?

A patent is a type of intellectual property right that stops others from using, altering, or selling your mobile app concept without your consent. It gives you sole ownership, and no one else can benefit from or claim your invention falsely.

Patenting your mobile app concept gives you legal rights that stop unauthorized use and ensure that you are the rightful owner.

What are the Various Types of Patent Applications?

Given that a patent is a form of intellectual property rights, it has subcategories. Below, we discuss the two main types of patent applications:

Provisional Application

Provisional patent application (PPA) is an interim patent protection provided by the USPTO, enabling you to protect your app idea in advance of formally applying for a patent. It offers protection for 12 months in the “Patent Pending” status, safeguarding against someone copying your idea for that time.

These 12 months permit you to perfect your idea, determine its market value with an MVP (Minimum Viable Product), and plan the final patent filing.

A provisional patent application is usually brief (10 pages or fewer) and contains information on the product, its design, and purpose. But it is not a final patent.

Advantages of a Provisional Patent Application

• More affordable than filing a full patent application.
• Can be filed without hiring a patent attorney.

Limitations of a Provisional Patent Application

• Protection is valid for only 12 months.
• Lacks a merit-based examination.
• Must be filed before the final product design is complete.

Requirements for Filing a Provisional Patent Application

• Inventor’s residential details.
• Title of the invention.
• Attorney’s information (if applicable).
• Docket number (for reference).
• Correspondence address.
• If filing in the U.S., mentions of any relevant government agencies.

Non-Provisional Application

A non-provisional patent application is the official and final form of patent filing. Unlike the provisional application, it is detailed, complex, and requires extensive documentation.

With a non-provisional patent, you can file either:

• Without referencing an earlier provisional application.
• With a direct claim based on an application from another jurisdiction.

Technical specifications, a list of legal claims, and a thorough written description of the invention are all required for a non-provisional patent.

Key Considerations for a Non-Provisional Patent

• Follows a rigorous review process with the USPTO.
• Unlike provisional patents, it grants lawful patent rights if approved.
• Requires careful form completion, as errors can lead to complications.

Since a non-provisional patent represents the full utility patent, it is often referred to as a “regular” utility patent application.

How to Patent an App Idea in 7 Steps?

In order to protect your innovative mobile app idea, getting a patent is the most important step to take. This is a step-by-step guide on how to effectively have your mobile app patented.

Step 1: Choose the Best Patent Type for Your App

Discovering if features of your mobile app can be patented is important before applying for a patent. Two broad types of patents apply to mobile apps.

Utility Patents

The main functional components of your innovation, such as special procedures, enhancements, mechanics, and technological components, are protected by utility patents. Utility patents can protect unique algorithms, procedures, features, capabilities, data structures, and hardware integrations in mobile applications.

Design Patents

If your app UI/UX design or logo is new, then you can pursue a design patent to protect its visual elements. This will enable you to be sure that your invention’s visual appearance is left only with you.

Step 2: Conduct In-Depth Mobile App Patent Research

Applying for a patent requires much research and is a significant decision. Make sure your app idea is truly new and innovative, research whether similar patents already exist, and learn about the patent application procedure.

Step 3: Hire a Patent Lawyer

To maximize the probability of an approved patent application, it is better to take the services of a patent attorney specialized in software patenting. A well-written application supports your claim and maximizes the possibility of approval.

As the patent process is rife with legalities, including possibilities of litigation, having a specialist around guarantees a smooth filing process.

Step 4: Prepare Documentation for Your Mobile App Patent

Once your mobile app concept qualifies under the patent eligibility, the next step is to prepare the required documents. The patent application process involves complete documentation, such as:

• Specification
• Declaration of Invention or Oath
• Data Disclosure Statement
• Entity Status Form
• Claims
• Application Data Sheet
• Drawings
• Patent Cooperation Treaty (Optional for International Filings)
• Cover Sheet
• Fee Sheet
• Application to Make Special (Optional)

Having a well-structured application makes the review process easier and increases the chances of approval.

Step 5: Submit a Provisional or Non-Provisional Patent Application

To file a provisional or non-provisional patent is an option based on your preparedness:

• You may want more time to polish your idea and are willing to pay extra costs if you have a provisional patent. You can obtain “Patent Pending” status for 12 months.
• If you are confident regarding your invention and have all of the documents in place, a non-provisional patent is perfect.

Whichever path you decide on, patent applications can undergo a number of drafts before passing. For updated fee schedules, check your country’s regional patent office website.

Step 6: Act on Patent Office Requests

After filing your patent application, make sure to check its status. Examiners sometimes ask for clarification or suggest changes along the way. To make approval easier, act promptly and accordingly upon such requests.

Step 7: Pay Patent Maintenance Fees

You will have to pay yearly or monthly maintenance costs to keep your patent active once it has been awarded. Because maintaining a patent can be time-consuming and tiresome, it is advised that you hire an expert patent manager.

What Are the Eligibility Criteria for a Patent?

It is necessary to ensure that your mobile app idea is qualified to apply for the patent application:

It Must Be an Invention

According to the World Intellectual Property Organization (WIPO), an innovation is a solution to a specific problem, and patents are granted for such inventions. Because an app on the phone is not an object, it qualifies as an invention if it is finding a solution with a process.

Your App Idea Should Be New and Unique

Just because your app addresses a user problem, it does not automatically qualify for a patent. Your idea must be unique and not previously disclosed anywhere, this includes YouTube videos, books, articles, pending patents, and any other prior disclosures.

It Should Be Useful

A patent-worthy mobile app concept needs to be useful. Although entertainment apps are not off the table, the app needs to have a specific function and not be an abstract concept.

For the purpose of supporting your application, you need to make a clear description of how the app functions and adds value.

Can You Patent Your Mobile App Idea?

Yes, mobile app ideas can be patented, subject to meeting novelty and originality requirements. But note that app code cannot be patented because it is covered by copyright law. Rather, the processes and functionalities driving the app can be patented.

To determine if your app idea qualifies, ask yourself:

• Is the concept new and innovative?
• Does it introduce a non-obvious improvement?
• Does it involve a technical implementation?
• Is it an eligible type of mobile app idea for a patent?

If your answer is yes to these questions, your app idea is likely eligible for patent protection.

Additionally, apps utilizing embedded sensors for enhanced data collection and decision-making may also qualify for patents.

Types of Mobile App Ideas That Can Be Patented

Not every mobile app concept is eligible for a patent. Below are some categories of patentable mobile apps:

1. Mobile Gaming Apps

If your mobile game introduces new gameplay mechanics, styles, or concepts that have never been implemented before, it may qualify for a patent.

2. AR/VR-Based Apps

Apps leveraging Augmented Reality (AR) and Virtual Reality (VR) for unique digital overlays, interactions, or user experiences can be patented.

3. Healthcare Apps

Medical and healthcare applications with innovative features that improve patient care, diagnostics, or data collection may qualify for patent protection.

4. IoT Apps

Apps that integrate with IoT (Internet of Things) devices to provide advanced automation, monitoring, or data processing can be patented.

5. Social Networking Apps

If your social networking app presents a new and unique way of communication, it can be patented. The recent controversy regarding Threads vs. Twitter indicates how patenting new social media inventions is crucial.

6. Enterprise Apps

Enterprise apps that streamline workflows, improve productivity, or bring in new business processes can be patented so that others cannot copy the concept.

7. Education & Learning Apps

Not every e-learning app is eligible for a patent. But if your app has novel teaching approaches, adaptive learning, or AI-based content personalization, it might be eligible for patent protection.

Why Patent an App Idea?

Obtaining a patent for your mobile app idea has several benefits, including:

Competitive Advantage

Innovation is derived from creativity, which is sometimes the most important ingredient for success in the app business. A patent secures your original creation, providing you with the first-mover benefit before others try to copy or launch a competing app.

The process starts with an idea, followed by assessing its patentability. Filing a provisional patent gives your app the “patent pending” designation, which protects your intellectual property from the very beginning.

Digital Asset Protection

A pending patent shields your mobile app as a digital asset even if it is not yet completed. After your app has been granted final patent protection, you will enjoy other legal protections, including compensation for the violation, damages, and complaints resulting from unauthorized use.

Market Advantages

A patented mobile app sets you apart and enhances your USP. Also, owning sole rights to your idea makes it easier to draw investors, partners, and customers towards your product.

Licensing Opportunities

Through a patent, you can license your app concept to businesses or individuals for a royalty payment. You are selling your invention without having to develop or sell the app yourself.

How to Check if Your App Idea is Already Patented?

Although as essential as it is to submit your patent application, it’s equally vital to initially confirm the originality of your mobile app idea. It starts with:

Searching Patent Databases

Some of the large patent bodies have databases in which you can search for pending patents:

• Google Patents
• World Intellectual Property Organization (WIPO)
• United States Patent and Trademark Office (USPTO)
• European Patent Office (EPO)

Keyword Search

A clearly worded search query can assist you in finding current patents that might be comparable to your app. Utilize specialized keywords specific to your app’s features, like “AI-based Hotel Management Software” for a hospitality technology application.

Classifications and Categories

Certain patent search tools enable filtering results by category, which aids you in limiting your search and finding applicable patents sooner.

Boolean Operators

Some platforms, such as USPTO, allow Boolean search operators (AND, OR, NOT, etc.) so that you can narrow down your search results.

Publication Dates

Verifying the publication dates of issued patents and pending applications informs you whether similar concepts have been patented in recent times.

Consulting an Expert

Because patent research is often complicated, seeking the advice of a patent attorney or seasoned mobile app developer can shed light on whether your app concept qualifies for patent protection.

When Should You Apply for a Patent for Your Mobile App Concept?

The earlier you apply for a patent, the greater your opportunity for obtaining exclusive rights. File a patent when:

• Your app concept is 100% original and almost launch-ready.
• You’ve spent enough on Intellectual Property (IP) protection.
• You already have a team in place that can create a Minimum Viable Product (MVP).

When Not to Patent an App Concept

While it is helpful to patent an app concept, there are certain occasions when you may not want to do it:

• Your app concept complies with all patent specifications but is based on open-source software.
• Your app is not totally original but more of an enhancement of the existing idea.
• You don’t have the budget for paying for patent upkeep, promotion, or testing the app.

In this situation, it’s advisable to hold off or think again about applying for a patent.

How Much Does It Cost to Patent a Mobile App?

The price of patenting an app varies based on several factors, including:

• The nature of the patent application (provisional or non-provisional).
• The complexity of the invention.
• The geographical area of protection.
• Attorney and patent office fees.
• Patent search, prior art analysis, and maintenance.

Here is an approximate estimate of the cost of a patent:

• Provisional Patent Application: $2,000 – $5,000
• Non-Provisional Patent Application: $10,000 – $15,000

Applications for patents take several years to be approved.

Why Patenting May Not Be Suitable for Everyone App Owner

While getting a patent has many benefits, it is not always the best option due to the following drawbacks:

High Cost and Time-Consuming Process

Patent application is a multi-step process that includes research, documentation, legal examination, and approval. This is costly and time-consuming.

Uncertainty of Approval

Despite the hiring of an attorney and filing of the necessary documents, your patent application might not be approved.

Public Disclosure

When you file a patent application, your app concept is made public. This allows competitors to have access to your concept and replicate it with minor changes.

Enforcement Problems

Even after being awarded a patent, it is difficult and expensive to protect it from infringement. Patent infringement litigation is lengthy, complicated, and costly, making enforcement a problem.

What Are the Alternatives to App Patents?

If patenting is not ideal for your mobile app, look at these other intellectual property protections:

Copyright Protection

Copyright protects original works, e.g., literary works, art, music, and software code. Though copyright does not extend to app functions, it applies to:

• App code
• Graphical and logos elements
• User interface (UI) designs

Copyright, however, does not protect processes, methods of operations, or systems employed in mobile apps.

Trademark Protection

Patents disallow others from duplicating an invention, while trademarks guard brand identification elements, such as:

• App names
• Logos
• Icons and slogans

This avoids having competitors confusing consumers by having similar branding.

Non-Disclosure Agreement (NDA)

An NDA is a binding legal contract that asks people or companies not to share confidential information about your project. Signing an NDA with developers, investors, or business partners guarantees they will not disclose or use your app idea.

What does the Appinventors Suggest ?

Deciding to patent your mobile app concept involves thorough preparation and research. A patent is absolutely worth spending on if your invention enjoys a good market value and satisfies the requirements for patentability.

But it is a complex process to get through patents. If you need patent research, documentation, or creating a mobile app, Appinventors will assist you in getting through it and help you protect your intellectual property.