How do I get a patent for a website/app idea?

Unfortunately, you can’t patent an idea. Patents are for tangible inventions, so you need to have an invention to be granted a patent. An invention can be a product, a machine, a process or a method for doing something; but, an idea is not an invention. That is not to say that you can’t get a patent, you just can’t get a patent on your whole idea. You need to define what it is you are seeking a patent to protect.

Patent Consultant in Vietnam

So your first step is to determine if you have an invention. If you do have an invention, it still must meet certain requirements to receive patent protection. It needs to be new and not simply an obvious improvement. The “state of the art” will be examined to make sure that the claimed invention is not already in the public domain and that it is more than an obvious improvement on what currently makes up the state of the art. The invention also needs to be useful. The idea behind a patent is that as a society we want to incentivize innovation that provides value to society by granting inventors very strong patent protection. So, in order to get the patent protection, you need to show that your invention has a use to society.

Now, those are the basic requirements, but how do you actually get a patent? Well, you will want to hire a patent attorney to help you with the application process because it can be tricky. You will file an application with the US Patent and Trademark Office. For that application, you will need to persuade the PTO that your invention is worthy of a patent and to do that you will need to gather evidence that will prove that you invention meets all patent requirements.

Generally, patents provide the most protection of all intellectual property rights and therefore are also generally the hardest to acquire. But, an experienced patent attorney will know how to navigate the process and will be able to advise you about your best options.

Source: Quora

ANT Lawyers in a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients. For advice or services request, please contact us via email ant@antlawyers.vn.