Recently OLA applied for 7 patents for its Ola Electric segment. That reminds that Ola is one of the very few companies in the world that holds a patent for its primary service taking place through an app. I was discussing this with a friend and he asked why don't Amazon, Myntra, Swiggy, Zomato, etc patent their apps, and he said oh! Because apps are not a patentable subject matter.
That’s correct but not entirely.. Let me explain!
It is true that most apps cannot be patented and Section 3(k) of the Indian Patents Act, 1970 specifically bars them. But if you have ever received this opinion from an IP Attorney, you should rethink their IP prowess.
Just like a patentable Business Idea, apps can be broken into parts to restructure the whole idea into a patentable product or process. We bring to you a step-by-step rundown on how to restructure and represent your app into a patentable idea.
Keeping in view Competition Law and Anti-monopoly practices, it makes sense that an app cannot be patented. For if Myntra, the app, was patented, we may have never seen the likes of Ajio in the market, or vice versa. However each app can be broken down into:
A Solution: This is the problem that your app aims to solve. For Ola it was the problem of people needing cabs and its solved it by developing a unique algorithm to match these people with cabs nearby. Does your app offer a solution to a specific problem? Additionally this solution should be implementable in the market and viable for business.
The Delivery: Every solution needs to be given to people to use and solve their problem. You need to have a way to deliver your solution. This could be in the way of a small functionality of your app etc.
When you combine these two steps, you should have a patentable piece of your application, that will stop infringers from copying the essential features of your app in a way without which they cannot replicate the basic feature of your application.
To clarify, it is true that your app as a whole is not patentable. However, the essential features of it can and should be protected. Following are the parts of an app which strictly cannot be patented on their own:-
User Interface
The underlying Code
Old Technical features
But if structured correctly and the novelty, ingeniousness and viability is explained to satisfaction in a patent application, there is a high chance that you will be granted a patent.
Ola thus has not applied nor was ever granted a patent for its app. Rather the monopoly it holds is over their proprietary rider matching feature, best route suggestions feature, trip price feature, etc. In the same way Zomato may not be patenting their app, they are free to apply for say, their proprietary tech that helps them to sort restaurants in an area or track their deliveries, etc. Its that simple!
At InstaMark, we suggest our clients apply for any part of the app that may be classified as a New Technical Feature or Novel solution and that is the true secret to patent an app. We also suggest that you obtain Copyright of your App/Website and maybe Trademark your brand, in certain conditions.
The answer in IP is never a simple Yes or No. Its always - IT DEPENDS!!
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