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Can I patent my app idea?

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When we prepare a mobile app patent application we focus on the novel and inventive aspects. That is to say, we take the unique features of the proposed app that no one else on the market offers and make claims to protect how they work within your app system.

So, as long as your app idea has at least one additional functionality that others do not offer, you can file to protect it.

>> Learn more on app patents

The court decision to know about when filing an app patent application: Alice Corp. v. CLS Bank International. If you've done any research on patenting an app, you've probably seen "Alice" come up in various articles. The main subject matter objection for app patents, where it arises, is the Alice objection. A recent Supreme Court Decision of Alice Corp. versus CLS Bank International basically prevents longstanding economic practice from being put in the form of software such as an app.

To overcome Alice objections at the outset, we use a three-point approach: Firstly, when drafting applications, we look to focus on what is new about the app, over longstanding commercial practice. Secondly, we ensure that the app offers “something more” to pass the second branch of the Alice test. Thirdly, we bring in hardware or external devices, where applicable, to avoid an application of Alice entirely.These are important strategic steps to consider when pursuing an app patent.

Hopefully, this information will help you to formulate a plan and feel more confident in the app patent process. We’ll be happy to provide an assessment of the likelihood of success of your app patent. Call us to discuss further: 858.263.7554

 
The materials in this blog are not for the purpose of providing legal advice and are provided for informational purposes only. By using this site you are not entering into an attorney-client relationship with MU Patents. If you need legal advice you should contact an attorney directly. 

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