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MenuHow can I sell my app idea, and do I need to get it patented?
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This is a little hard to answer because it is so vague. It depends on the area, the market and the strength of innovation. I know that The App Guy has a terrific podcast at http://www.theappguy.co/ and is also trying to organize a community for App developers to sell their ideas. Let me know if I can be of further assistance to discuss patentability in terms of its value to getting a sale or license. What ever you do, don't spend money filing a full patent, just a provisional. Good luck.
For the most part an idea is a very small part of creating a successful app. Sure, you have to have a good idea to begin with, but many great ideas have failed in this competitive landscape. Regarding patents, that's the last thing you should be worried about. App creators and companies do not get patents. Patents are very expensive and can take a couple years to get, which doesn't work with apps at all.
You will not be able to sell your app idea, either. Everyone has ideas. It's the ones that follow through and build out the idea into a viable business plan that have a chance for success.
Hope this insight helps you. I see way too many people throw their money away by not understanding how the app ecosystem works.
You can't sell an idea unless you are in the advertising agency business. Patents are a 5 year, $20,000 process, where at the end you might be able to license it. If you think you have a really powerful idea, you need to make it into an MVP (Minimum Viable Product). Go to few hackathons and recruit a crew.
Good question and the answer are you must patent your new app idea. Let us look at the importance of having a patent.
A patent provides its owner with the right to exclude others from exploiting the patented technology, including, for example, making, using, or selling the patented invention. This “exclusive right” enables the patent owner to recoup development costs and obtain a return of investment in the development of the patented technology. Effective patent protection stimulates research and is a key requirement for raising venture capital. It is also crucial to overall economic growth. A company that decides to file patent applications should adopt a strategic approach that obtains value from patents while minimising costs associated with obtaining the patents.
Value from patents provide a wide range of value to their owners, some of which may be more applicable to one business or another. First, patents provide freedom of movement in the company’s field. For many companies, this freedom of movement can be unbelievably valuable, especially in a crowded field with many competitors or in a field dominated by one player. Filing patent applications early helps limit the risk that someone else has obtained (or will obtain) a patent on the same idea. This early mover position provides the company with greater assurance that it will not have to license technology from a patent holder. Indeed, the sooner patents are applied for, the better the chance that someone else will not be first.
Second, patents provide licencing opportunities with companies inside and sometimes even outside a company’s field. An active patent program can generate revenue from the licencing of patents which cover technology or business processes that are not practiced by the company. Patents allow individual inventors and small businesses the option of obtaining licenses or selling rights to others who may be in a better technical and/or financial position to bring the ideas to market. Rambus, Qualcomm, and other technology companies are among those that no longer manufacture products but rather focus on technology innovation and licencing. Some companies licence the intellectual property on technology used by the company to competitors, forcing the company to constantly innovate and re-invent itself. Other companies regularly patent technology which they never commercially practice, but instead sell to others that do.
Thirdly, patents provide increased overall corporate value. Corporate valuation relies greatly on a company’s intellectual assets, such as, patents. Today, the capital assets of Fortune 500 companies account for only 15% of the company’s value, whereas intellectual assets account for 85% of the company’s value. Fourthly, patents provide for the generation of prior art to protect the company from patent infringement suits. An active patent program provides a reservoir of prior art which prevents others from receiving patents which may exclude a company from practicing important technology and processes.
Patent application process To obtain a patent, a patent application has to be filed, describing the invention in technical terms detailed enough to enable a person of skill in the particular field to understand the invention well enough that he or she could “practice” the invention. The application must meet certain legal requirements. The Patent Office of the country in which the patent application is filed “examines” the invention described in the patent application for novelty and inventiveness. The examination may take two or more years. A patent in a country can be granted based on a patent application filed directly in that country. For example, a U.S. patent can be granted based on a patent application filed with the U.S. Patent and Trademark Office, and a German patent can be granted based on a patent application filed with the German Patent Office. A patent can also be granted based on a patent application filed first in one foreign country and then within 12 months filed in a second country with a claim of “priority” to the filing in the first foreign country. For example, a German patent can be based off of a German patent application filed 12 months after a U.S. patent application to which it claims priority.
The Patent Cooperation Treaty (PCT) offers a simplified patent application procedure for over 100 countries worldwide. It enables inventors to file a single international application designating many countries, instead of having to file separately for national or regional patents. In the “international” phase, an international search and preliminary examination are performed. In the “national” or “regional” phase, the patent granting procedure is then carried out by the relevant national or regional patent offices. Most frequently, the PCT application is filed 12 months from the filing of a patent application filed directly in the patent office one of the member countries, such as the U.S. or U.K.
Besides if you do have any questions give me a call: https://clarity.fm/joy-brotonath
Related Questions
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I have an idea for a simple household kitchen product (under $5). Where can I get good advice on the process of bringing it to market?
Hi! The quick answer is that simple invention ideas are great as they are the fastest and least expensive to develop, yet can still be highly profitable. I run a consumer product firm which has developed hundreds of inventions for home-based inventors or small product firms - Essentially we take it from Idea to Store Shelves. The best advice I can give is to ONLY do what is absolutely required to sell product... There are lots of great services out there that are beneficial; however, if you're on a limited budget, stick to only what is necessary to make a sale, which is: 1. Industrial Design / Engineering, 2. A manufactured sample and a manufacturer who can produce product, and 3. A provisional patent. Essentially what you need is a real, physical, and fully functioning unit of your product, the prices to manufacture that product and a manufacturer who is ready to produce units, and intellectual property protection so that your idea is not stolen. Once you have these 3 items, you can start to present your product to wholesalers, retails, distributors, etc. If someone likes it and the price is reasonable, they can place an order, and your business and dream product starts to grow. From there, there is a whole world of possibilities, but the most important thing for now is to develop your product from 'idea' into 'real'. Whatever you do, do not get caught up in the idea of 'licencing' your idea. An idea is almost impossible to licence unless it is CURRENTLY being manufactured AND being SOLD through stores. If someone or a company says that they will help licence your product idea for royalties, etc., then they should be willing to do that for FREE, no charge, no fees. Many people attempt to charge fees to licence a product idea; however, if you aren't currently selling in stores, it will almost be impossible to get any form of monetary payment, so they usually are just trying to get your fees for their 'marketing' services, which are almost useless for an undeveloped product, and they know this. If you would like more information on some of the details of product development, we have a free Invention Guide on our website, check it out here: http://www.makoinvent.com/free-invention-kit/ Cheers, Kevin Mako President, Mako Invent www.makoinvent.com www.facebook.com/makoinvent www.twitter.com/makoinventKM
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Where do l go to sell my patented idea?
First of all, what you have is a provisional patent **application**. For now, the provisional patent application is not publicly available. This can be a big advantage to you. You can use this time to improve your invention and file additional provisional applications. If you don't plan on making/practicing the invention yourself, you should make sure to try to think of everything possible regarding how that invention can be improved. This would (hopefully) come naturally to a practicing inventor. When you file your non-provisional application, your disclosure will be made public ("published") 18 months from the filing of the non-provisional. While your applications are not publicly available, I suggest waiting until you file your non-provisional application(s) to talk to others. Quite often, provisional applications do not have the detail or the scope that the non-provisional will have -- due to the time spent on getting drawings accurate and making sure everything is included in your non-provisional applications. It is best to have a complete application before talking to practicing companies. Sophisticated companies will take advantage of information not disclosed in your provisional application to file their own patent applications. If your applications are not publicly available (or even they are published), you should sign confidentiality agreements (non-disclosure agreements) with anyone you talk to about licensing or buying your invention. Keeping track of who you talked to with confidentiality agreements can be the basis for "notice" of the invention by an infringer -- when they eventually steal your invention. You can sell your idea anytime, but a provisional application is worth a lot less than a non-provisional application which is worth less than an allowed application or issued patent. Provisional applications are generally not as complete as they could be -- and require additional time and finesse to complete the non-provisional application. In terms of appearances, if you are not willing to put in the money to file the non-provisional application, the invention is likely not worth that much money. Companies as well as non-practicing entities may look at provisional applications, but not for long, and will not give you the kind of money that you may get from selling a fully examined patent. Of course, it depends on how good your invention is.AP
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I have an idea of a hardware product, that has received good feedback until now.Should I fill for a provisional patent or start an indiegogo campaign?
The answer: do both. The first thing you need to know about patents is that the U.S. now has a first-inventor-to-file system after the American Invents Act (AIA) went into effect in 2013. I have to disagree with Dan above: for hardware inventions especially, a patent is an important part of the business plan. The first inventor who "races to the patent office" now is typically the winner. This means if you do not file for a patent on your invention, you can lose the rights to your invention much easier than before the AIA. The next step is to think about how a patent fits into your business plan. A patent application is but a tool in your bag when starting up. A crowdsourcing campaign on a site like Indiegogo can validate the idea. But it also puts the idea out to the public and starts the 1-year clock ticking on when you can get a patent. For hardware startups, however, if you're not thinking about a patent upfront -- you're likely leaving a massive amount of your product's value on the table.JP
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Can i create and sell my invention before filing for a provisional patent and maintain my rights to the invention?
The answer is yes, but it always depends. Let me begin by saying that the more knowhow, etc. involved, the easier it is to sell something without any patent protection. Otherwise, you are trying to sell something without protection and you get no protection until the patent issues, which may take years. The acquirer may just run with it (I would) without licensing knowing there is no cost until your patent issues. Then, when you file, they will see your claims and try to modify their product around your claims. It is slightly vicious in nature. That said, I may not act much different if you file first, unless I can buy your patent or the license costs are very inexpensive. Secondly, many countries have absolute novelty and you will not be able to protect your invention there ever, even if a licensee arises and wants to enter those markets. This too, is a serious limitation for licensing. My conclusion would be that you are underfunded to address your IP and that I can get away with murder. Filing the application is your way of telling people that you are serious. That said, it is not necessary and I have a lot of clients that file later or never file.GF
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What day and time is best to release an app for best exposure?
The best day to launch your app is either Wednesday night or Thursday, because the iOS App Store changes features every Thursday and you may get featured that day as "New games..." "New app..." etc. Ideally all your marketing/PR/advertising efforts should start that day (Thursday) because Apple likes it when an app is being privately promoted at the same time it's being featured. Yes AdMob could work for you but please know that there are many other ad placement companies similar to AdMob that can work for you too. You need to see what kind of clients they have, if they match with your niche, etc. Usually this is a trial and error process, you start with several ads and you see which works and which doesn't, you improve, you cut them. etc. Good luckEN
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