With the arrival of smartphones came a large number of applications, are very useful since it opens a wide field when using each one of them. Today there are quite a few tool developers, whether they are applications as such, as well as video games of interest to the general public.
Each application has one or several developers behind it, the work will vary depending on the environment, although it may seem like easy development, it is not always. Imagine being able to enjoy different functions, this is thanks to the addition by the creator of the program and the work behind it.
Can an application be patented in Spain? the answer is no, although it is protectable at release, so that it cannot be copied by another author. The apps at the end are valid when it comes to wanting to expand the phone's features, being able to edit a video, a song or many other things, for example.
Why they are not patentable
The European Patent Convention (CPE) excludes in article 52 paragraph 2 the patentability of applications, among them also computer programs. Patents are currently used for inventions, not having phone utilities as an invention, rather the opposite.
This article (52, paragraph 2) says: «Inventions in the sense of the previous sections will not be considered, in particular: c) The plans, rules and methods for the exercise of intellectual activities, for games or for economic-commercial activities, as well as computer programs».
What is patentable in this case will be the name of the applications, if you launch any it is best that that name is registered and patented. The registration takes a reasonable time, you must also say if it is for a company, company or register the brand (name) of the specific application.
A trademark registration is different from registering an applicationOn the other hand, it should be said that companies such as Kaspersky have this name registered, launching solutions for both PC and mobile devices. If you register the name, the app will have a better cache and above all, it will generate trust.
Protect an app
Today you have some exceptions when it comes to protecting applications, which is ultimately what we want, since it is not possible to patent an application in Spain. For the app or program to be patentable, it must meet several requirements, several of them important to want to provide security and not be copied.
Among the patentability requirements are the following: that it be a novelty, it is not worth launching an application similar to another that is already on the market, distinguished by an inventive step and capable of industrial application, the aforementioned, different.
What is new and innovative is to study the entire app market, it is not easy, since you currently have millions of applications launched. Try to look for what you are going to do before to see that it is unique, it will also be revalued from the others and you will have a wide market with it at the end of the day.
Check that it is not created
A novel application is one that is not on the market. Today there are so many that it will be difficult not to find one that we believe to launch as important and that is not available. The apps at the end of the account are worth to give a function to the phone, as well as being able to play with titles.
The first step will be to take a look at the Play Store, if you are going to launch a flashlight-oriented utility, for example, go to the store and review each one of them. You can propose to cast an advanced flashlight, although you already have them available, everything happens by giving the app a twist.
Apps often entertain, inform, educate, offer products and even sell, they have to meet some small requirements to be on Google Play. For example, games of chance and of this type have no place, since the bases of the application store are not respected. Please review the policy before creating an app before attempting to upload it to the store.
Check the patented stuff
The launch of applications is sometimes related to things already patented, the good thing is that you take a look at it before in order to know if it has already been registered by someone. There are several pages that show if it is registered by a natural person or company, thus ruling out its creation.
By not being able to patent an application in Spain, it registers the name that in the end could be a brand, sometimes the mistake of many is that an app is uploaded, leaving the name unregistered on the other hand. If you haven't done it before, the only thing is that you pass on the page of the Spanish Patent and Trademark Office (SPTO).
Some pages to review the patented things are the following:
- Spanish office of the patents and brand: the page integrates a locator to see the patents and trademarks registered so far
- Patent scope: In this database we will find all international patent applications within the framework of the PCT (Patent Cooperation Treaty)
- Spacenet: this service will give us worldwide the patents provided free of charge by the European Patent Office, also known as “EPO”
Register the brand if it is commercial
If you cannot protect the application with a patent, it is best not to neglect the brand, everything as long as it is so, since this supposes an investment in the short and long term. The registration involves two bases, one is the name (provided it is not registered and the brand logo must be unique).
Sites like Speed Patent let you do it for a price of less than 200 euros, they also tell you what steps to take and you have it registered in a reasonable time, never more than four weeks, as long as it is accepted. Your app brand should be unique and beneficial after all.