Is it viable to patent my software application that operates on a mobile phone?

Software development is a highly valuable task that needs time and effort. It involves lots of research work and a lot of coding. Apart from this, the entire software development process may also need enormous investment.

So, it would be best to patent your system's software and associated hardware components as soon as you develop them. Though the patent has no role in making your mobile software successful, it gives you ownership of your algorithm, software and prevents its misuse.

Apart from this, patents also protect your software regarding how it works with the hardware components. As far as the software code is concerned, it cannot be patented. However, you can get a copyright for the code.

So, if you are applying for a patent for your software, you need to consider the following factors.

  • Objectives
  • It would be best if you have a clear goal for filing a patent application. Whether you want to use your software in products or wish to protect your idea to license/ sell. You can commercialize your invention in various ways, and you can protect your ideas by filing a patent.

  • Impact of your App
  • You need to know the fact that mobile software may have limited lifespan. The impact of these applications may be for few years. The lifespan can be much shorter, especially for specialty applications, which are not used regularly. A patent process may take 2-3 years to get a granted patent. So, if you think your software and basic idea include the potential to last for several years, then you should plan to apply for a patent.

Know all possibilities & advantages before patenting software & is it viable to patent my software application that operates on a mobile phone.
  • Competition
  • The market is flooded with many software applications. You should be aware of the market demand of such application and existing competition compared to the software application which you have developed. This will help you to take right decision. If you believe, your idea and the associated mobile application is going to be a big differentiator in the market, and it is going to last for several years then you should file for IP protection through patents or copyrights.

  • Value
  • You need to understand the value of your application not only from the commercial standpoint but also what kind of value it can bring to your business or society. Every application is not valuable from a commercial point of view, but it may have great value for you or for society. Patent protection may be expensive, and you need to decide if you need to protect it from using or misusing by others.



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