CAN YOU PATENT A MOBILE APPLICATION?

INTRODUCTION:

With the increase in usage of smartphones, mobile applications have grown to become big business. It is not unknown that mobile applications are part of the software and related technology, so naturally, the question of patenting them can pop up. A simple answer to the question would be yes, as mobile applications are nothing but innovations in the field of software, given they fulfil the criteria prescribed by the law.

CAN YOU PATENT A MOBILE APPLICATION?

Mobile applications can be patented by filing one or more Patent applications in the Indian Patent Office corresponding to one or more innovative features of the mobile application. Innovative features of the mobile application can be patented by drafting Patent claims covering the functional or technical features of the innovation by way of product claims, process claims or both. Whilst drafting claims for such mobile application-based innovations, maximum care must be given to emphasize the novel and inventive feature which is providing some functionality.

The Patent office conducts a search to determine if the feature which is making the mobile application novel and inventive have been previously patented, published or used. Additionally, it also checks whether the application solves a particular problem pertaining to a technical field and produces a concrete and tangible result and whether it has a commercial application. If the result is favourable to the applicant, the Patent Office may grant the Patent for the mobile application.

Thus, it can be concluded that mobile application can be Patented, if it fulfils the prescribed criteria of getting a Patent.