How to Patent Mobile Application in India?

How to Patent Mobile Application in India?

In this article, we will tell you about what is a patent? what can be patented in India? what is a mobile application? and what is the process of patent registration?

What is a patent?

The patent is a type of a legal document that gives a right to inventor or creator of the product. In case of service-related patents, it allows a service provider to sell the invention commercially for a specific period. An inventor with a patent can prevent other inventors and companies to use his creations or invention commercially.

What can be patented in India?

You can take a patent for an idea that is unique and does not already exists in the world. Although, the invention behind idea should be an important improvement in existing technology. It should be useful or should have some utility as well.

What is a mobile application?

The mobile applications are softwares that are programmed or made to work on mobile devices such smartphone or tablet. There are various categories of mobile applications such as web-based apps, business apps, gaming apps, service apps, etc.

Can mobile application get patents in india ?

You can patent a mobile application in India if it is unique or is a good improvement over an existing application. It should be practical or if it is an improvement then it should provide some extra benefits.

The process of patent registration:

Method 1:

  • First of all, before applying for patent registration, you need to make sure if your mobile application meets all the criteria of patent grant laid in Indian patents act. To do patentability search, you can take help of a patent attorney.
  • After when you have completed patentability search, you need to make a detailed report of your mobile application. It will include the description and advantage of the mobile app, how mobile app works, drawings, diagrams, and sketches, etc. These details will enable others to understand the workings and applicability of your mobile application.
  • After that, you have to make a patent application for which you can take help of an experienced patent attorney or you can do it yourself by downloading form 01 from intellectual property India website, to download form 01 you can use this link – http://www.ipindia.nic.in/form-and-fees.htm.

Method 2:

  • You can also do e-filling of the patent application by registering yourself on the intellectual property of India website. For this, you can use this link – https://ipindiaonline.gov.in/epatentfiling/user/NewUserRegistration.aspx. Here you have to select the type of applicants such as legal entity, startup, a natural person, an agent, etc.
  • When you select the type of applicant, a form will appear. You have to complete this form by furnishing details such as user id, password, the name of the applicant, address, email id, mobile number, etc.. Then click the “Register” link to complete your registration.
  • After that, you have to login into the e-filling portal. Then click on “Quick Form Filling” option and fill the form.
  • Once you complete all the formalities, the patent officer will¬†publish the application for 18 months to see if there is any objection. If there is an objection, you will have to submit clarification on that objection. And if there is no objection, the patent will get the approval for your mobile application. You will receive a notification for the same.

Conclusion:

I would like to recommend that you should seek the help of a patent expert or patent attorney. He/She can guide you better in matters related to patent registration. Also, they have experience in preparing patent reports and application that can enable you to secure the patent for your mobile application easily.

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