Q: Patenting a novel iOS application idea, I want to know whether I should patent the app itself or the novel technology.

I want to patent my new novel iOS idea. It was not done before and its almost fully developed. What should I patent exactly? Should I patent the application as a whole or should I patent the technology that I invented. Keep in mind that the technology that I have invented could be used on a variety of current smart devices and future devices and that the app itself is not unique. The new technology is the unique novel idea. A new device can be manufactured for that specific technology. Also, I want to know what the right format for writing my futuristic ideas for the technology is. Should I say the technology "will have" for the current implemented ideas and "may have" or "can have" for futuristic ideas?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: I am not exactly sure what your app does or what technology it involves, but let me see if I can answer some of your questions.

(1) You probably should patent the technology rather than just the app. The reason is that by the time your patent issues, the app will likely be obsolete, but the technology will still be usable for new apps. Further, you mention that "the apps itself is not unique."

(2) You should not mention the phrases "will have" or "may have", or "can have" when claiming or describing your invention. You should say what your invention is, and what it does. Something like: "My invention is...."; "My invention does..." If you use the phrases that you suggested, it is not clear what the invention is, or even if the invention is complete.

(3) Finally, you really need to have a patent attorney do this for you. Though you may be a great inventor, this is not something that you can do yourself. Sorry. :(

Good luck

1 user found this answer helpful

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