Over 380,000 patents were awarded in 2022 for all kinds of inventions, from innovative toilets to stunning new technological processes that could transform humanity. Every one of these groundbreaking ideas could lead to a wealth of success, unless you leave your idea unprotected on the table.
Without an experienced software attorney like Travers Morgan to help you navigate the complex nature of intellectual property law, your technology could face fierce competition and others copying it without your permission.
The best way to keep your idea safe is with an attorney who can walk you through the patent process. Here is a quick overview of how that process unfolds when filing a new tech feature, mobile app, or IP with the United States Patent and Trademark Office (USPTO).
Can You Patent a Technology-Based Idea?
First, it helps you to know a little about what a patent does. The USPTO aims to provide a way for people to file a patent that protects new inventions from being made, used, or sold by others without your permission. This is known as “intellectual property” and ensures you have complete control over your new idea.
Most patents last up to 20 years and cover any new devices, substances, methods, and processes. That includes using new technologies to solve problems or offering consumers a way to improve their lives.
The trick is not all technology falls into this category. You must have something new, useful, and non-obvious to the rest of the tech world. Pure concepts without some form of tangible application, mathematical formula, or abstract idea do not qualify. An experienced IP attorney can help fill in the missing blanks on your application to determine if it qualifies.
What Technologies Can Be Patented?
The good news is there are many unique technologies that qualify as patentable. You can find industries and brands like the Walt Disney Company patenting new ride technology or real estate guru Zillow using a mobile application.
Patents for technology fall into a lot of use cases like:
- Software as a Service (SaaS) platforms and applications
- Artificial intelligence systems
- Blockchain technology
- Medical devices
- Internet of Things (IoT) solutions
- Augmented and virtual reality applications
- And more
If you’re wondering, “Can you patent an idea?” the answer is mostly based on how that idea or technology is applied.
How Do You Get a Technology Patent?
The steps for acquiring a patent for your technology are much the same as the general patent process. They are complex, and missing any of them would mean a negative response. You always want to work with a qualified patent attorney for guidance.
Step 1: Conduct a Prior Search for Patentability
You’ll want to start by conducting a thorough patent application search. The goal is to look through a US Patent Office search for any previous work that may resemble your idea in any way. If your tech has an overlapping “prior art” with something else, it may not be eligible for protection.
Think of this search as an advantage. You can find similar items that may help you refine opportunities to strengthen your idea. The more you get familiar with the competitive and existing landscape, the easier it will be to differentiate your invention, ideas, or technology for a solid application.
Step 2: Identify Points of Novelty and Create a Disclosure Document
You must prove your idea is something new to the world, useful for an audience, and non-obvious to those in your niche/sector. It helps to start by identifying those key features that are novel in design. The points that distinguish your idea from what already exists.
You’ll need to create a detailed disclosure document. Inside this document, you’ll include all kinds of details about your idea's design, functionality, and potential applications. This is often where an attorney can help by supplying software development agreements and drafted claims that strengthen your patent application.
Step 3: Prepare a Patent Application
Now that you’ve gathered the supportive documentation, it’s time to patent an app idea or other technology through an actual patent application. This is a technically heavy document with legal repercussions that often require a patent attorney near you for help.
Precision is the key to success, as any errors in your application, like a vague description, can and often do lead to rejections or legal challenges. Remember, your patent has to hold up to legal scrutiny if anyone tries to sell or steal your idea.
Step 4: Submit the Application and Save the Records
With your technology patent application being formally created and checked by an attorney, it's time to submit it to the USPTO. You’ll need to pay filing fees and keep track of:
- A copy of your application
- Receipts for fees paid
- Application number(s)
- Confirmation number(s)
- Receipt of submission with filing date(s)
Always save your records as proof that you submitted your patent application. You’ll want the reference numbers and IDs as you move through the processes, especially if you experience any roadblocks or hiccups along the way.
Step 5: Respond Quickly to Office Actions
The USPTO will likely issue a few Office Actions during your technology idea patent process. This means they are actively reviewing your application and may need some clarifications, additional information, or adjustments to the claims to ensure you are unique.
The quicker you reply to any requests, the faster your application will be approved. However, never sacrifice precise details for speed. For example, a request for technical information on a step in your app development should be fully outlined so you can avoid even more Office Actions in the future.
Step 6: Obtain Notice of Allowance and Pay Fees
When the USPTO approves your application, you’ll receive what is known as a Notice of Allowance. This signals you’ve reached the final stage of the patent process. It confirms you have been granted a patent, contingent upon paying any required issuance and maintenance fees.
Again, you want to be as timely as possible with payment to ensure your rights are protected. Take your time to review your patent with your attorney so all claims and descriptions align with your initial intent.
Following these basic steps is the best way to patent an idea about a new technology or innovation you have created.
Types of Patent Applications
When you file a patent, an experienced software and patent attorney will advise you of two types of patents:
- Provisional Patent Application: The goal of this way to patent an app idea is to offer temporary protection while you refine your invention. This is an informal patent that only lasts for a year after filing. It is a good way to spread out costs and gives you a leg up in the first-to-file system used in the US.
- Non-Provisional Patent Application: Sometimes called a “utility patent application,” this is the formal patent application you need to receive full protection. It means you have gone through all steps, from a US Patent Office search to reducing any Office Actions and beyond.
Each process has pros and cons when getting a patent for an idea. Talking with a technology attorney will help you determine which is best suited for your unique situation and concept.
Patent Vs. Trademark
It also helps to have a little understanding of how a patent differs from a trademark when it comes to technology. A patent is designed more for a “functional” invention or idea. Things like medical devices, mobile applications, kitchen appliances, and other inventions.
A trademark is different. When you receive a trademark, you protect a logo, phrase, symbol, sound, or even a color. It has a much longer protection period and requires federal registration for protection.
So, the golden arched logo of McDonald’s is trademarked (“trademark logo”) to ensure no one can sell fries outside of their system, whereas a new game app would get a patent for protection.
Extra Tips for Navigating the Patent Process
When you are getting a patent for an idea related to technology, you want every advantage possible to protect your work. A qualified patent attorney or IP attorney can help you with details like:
- Technical Implementations: Detailing how your new technology works, including any new iterations and updates you’re likely to release.
- Utilizing NDAs: Many tech-driven ideas are developed in a team setting. You want NDA (non-disclosure agreements) drafted by an attorney to keep the lid on your idea.
- Infringement Monitoring: A good IP attorney will proactively monitor the United States Patent and Trademark Office for any news related to your patent rights.
- Enforce Your Patent Rights: Working with a patent attorney helps address any infringement that could cause you issues in the marketplace.
There are many other tips to patent an idea related to technology, but this gives you a good overview of how an attorney will ensure your concept is safe and secure.
Final Thoughts
Learning how to patent an idea on technologies or innovative inventions requires detailed steps and processes. Whether you want to patent an idea, complete a US Patent Office search, or discuss how to defend your idea from infringement, start by contacting an experienced IP attorney.
Travers Morgan is a fully qualified software and technology attorney, working in many practice areas concerning patent law, trademarks, corporate transactions, and more. Contact Travers today and get the protection your technology intellectual property needs to move forward with confidence.
FAQs
Can you get a patent on technology?
As long as your idea meets the USPTO’s requirements for novelty, usefulness, and non-obviousness, your technology can be patented and offer full protection under US law.
What technology cannot be patented?
Technology that is more abstract, from a natural phenomenon, or purely theoretical will not be eligible. When you want to patent an idea, there is a practical side to its function that should be communicated.
What makes a technology patentable?
The easiest types of technologies to patent will solve a specific problem in a way that is not obvious to anyone skilled in that particular field, niche, or sector.
