Can we patent an app? The most often question that innovators, start-ups, or inventors have is – Can they patent their app? Some firms answer yes you can patent the app while some answer say no because software inventions are not allowed in India if India is the target market. But before saying yes or no, we have to understand that we cannot patent the app directly, but we have to break down the functionality of the app. We can patent the functionality, the method, the system etc. For example, what is the main function of the app, how it works, where it runs, is there any specific algorithm, what are various features etc. We must first identify which feature of the app is to be protected and how that feature works, what is the algorithm behind. After identifying all these points, we then must identify if any of the features are already there in competitors’ app or exist in any app before. If no, then the path to patent the “app” is clear. The patent drafting process of the app can be started. It is important to adhere to some guid elines while drafting patents for an app. For example, avoid the use of phrases such as software, app, application, code. In fact show a method as well as a system where functionality of the app can be implemented and how the functionality is implemented. If possible, showcase the output of your app in drawings. So, the right answer is yes, we can protect the functionality of the app.
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