If you’re wondering how to protect your new software app idea, I’m JD Houvener, a patent attorney and the founder of Bold Patents Law Firm. I’ve spent over a decade helping inventors, filing nearly 500 patents along the way. Today, I want to walk you through some key information on how to protect your app idea—whether it’s a mobile app, software, or something else in the tech world.
Apps are everywhere. They’ve been a part of our lives for the past 10 to 15 years, and it’s amazing to see how quickly someone with coding skills can create something and get it out to the masses. For many developers, it’s about making something that can go viral or solve a real problem. And the potential is huge.
But there are some legal hurdles to consider when it comes to patents. Let’s break it down:
1. Abstract Ideas and Human Nature
First, you can’t patent abstract ideas. These are concepts that are too vague or basic. Think about it this way: if you can’t explain how your idea works in enough detail for someone to replicate it, it’s not patentable. The government rewards inventors with a 20-year monopoly because they’ve created something specific that others can use and improve upon later. If your idea is too abstract, or it just mirrors something that already happens in real life (like automating a simple human task), it won’t meet the requirements for a patent.
2. Complex Processes and Detectability
The second issue is when your app idea involves a series of technical processes, like analyzing or compressing data. Maybe your app does something unique with video compression or data validation. But here’s the catch: can you easily detect if a competitor is copying your process? Software patents are tricky because, without the ability to see the source code or access internal information, it can be hard to tell if someone is infringing.
If you can easily spot if someone’s copying your software, then you might have a solid case for a patent. However, if it’s tough to detect, you may want to keep your idea as a trade secret. This means protecting it through contracts and confidentiality agreements with your employees. But remember, there’s always a risk that someone else could patent your idea or that it might eventually become public knowledge.
3. Trade Secrets vs. Patents
Keeping your idea as a trade secret could be a good option, but it’s not without risks. Once it’s out in the open or if a competitor patents the same thing, your protection vanishes. If you’re unsure about whether to pursue a patent or keep your idea secret, it’s a good idea to talk to a patent attorney. They’ll help you understand which path is right for your specific situation.
If you’re somewhere in between, don’t worry—you’re not alone. It’s worth taking the time to understand your options and find the best solution for your app idea.
Feel free to click below for a free inventor’s kit, including my book, a PDF on search options, and resources for drafting applications. I’m JD Houvener, wishing you the best with your innovative app idea. Go big, go bold!