Mobile App Patenting

 

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Mobile Apps are the ‘In’ thing and have been for young developers. College kids, and even some school kids these days are trying their hand at developing mobile apps, and they’re doing a great job too! Another reason for this flurry of mobile applications is because they are so great for business! So, if you are someone who’s got an idea for a Mobile App, then make it your own by patenting it! It is a lengthy process, but it is worth it! So, let’s go through the steps quick!

So, the first question is, can you just patent an idea? Well, not really. You must know the ins and out of your App, how everything works. So much so that you should be able to educate anyone about it. Also, know that you cannot patent the code of your app. The code itself falls under the category of law covered by copyrights. (And that is a whole other article there, we tell you!)

What you can patent your App under the categories of “method” or “process.” Methods and processes can be patented, along with machines, articles of manufacture, and compositions of matter.

So, first things first. You need to research on whether your App is eligible for patenting. There are a so many apps available, hundreds of thousands!

Just because apps can, in general, be patented, this doesn’t necessarily mean that your app is eligible for the patent. So, basically, you need to determine whether you somebody else has patented the same type of app. The USPTO (US Patent & Trademark Office) recommends performing a patent search before attempting to file a patent. Be sure to search for any related keywords, especially ones that would-be core to what makes the app work. Note that this does not ensure safety against being sued for patent infringement. The USPTO does not ensure that. So, plenty of research is necessary!

And finally, your patent must qualify as “useful, and by useful, we mean, it should work at least in theory. It is what requires you to develop a very concrete and detailed explanation of precisely how your app works, rather than just claiming ownership over an app that accomplishes some general task without needing to know how.

So, this is the basic idea you should have before you even begin the process of filing for a Patent. So, we’ll cover that part in another article, while your mind stews on this! Good Day Mobile people!

 

Tech Wars – Apple vs Qualcomm

23472303_1543529659091463_8009714013245635611_nWhat happens when tow giants decide to sue and countersue each other? Well, they generate a lot of news, and lose a lot of money, and give stuff to talk about for everyone! The two giants in question here are none other than Qualcomm and Apple. Yes, we’re excited too, and yes, it’s going to go on for years! So, let’s get the ground work done, and we’ll let you know what’s happened till date!

We all know Qualcomm’s processors, or better yet, their modems are key for any LTE-connected device in today’s world. Also, it is known that Qualcomm’s modems are the only ones on the market capable of supporting data transfers up to gigabit speed. Additionally, along with the high quality of the radios, Qualcomm is also the only company that licenses the CDMA technology that Sprint and Verizon use for their 2G and 3G networks.

So where did it all begin?  Well, earlier this year, Apple and Qualcomm began a legal battle over Fair, Reasonable and Non-Discriminatory (FRAND) patents that stated Qualcomm was charging unreasonable sums for patents essential to cellular technology. Qualcomm followed that up with a claim to the U.S. International Trade Commission (ITC) stating Apple infringed on six of Qualcomm’s patents. Whew! And that’s not all.

According to Qualcomm, Apple has stolen patents and, so they filed paperwork to ban both the sale and the manufacturing of the popular smartphone in China. A spokeswoman from Qualcomm was heard saying “Apple employs technologies invented by Qualcomm without paying for them,” noting that the iPhone’s power management and Force Touch features are just “a few examples of the many Qualcomm technologies that Apple uses to improve its devices and increase its profits.”

Apple had another spokesman saying, “In our many years of ongoing negotiations with Qualcomm, these patents have never been discussed. Like their other courtroom manoeuvres, we believe this latest legal effort will fail.”

Yes, it has been a war of words, and it will continue to be. Now, lets talk numbers and locations. In the United States, Apple is suing Qualcomm for a whopping $1 billion, and that’s not all. It has also filed a lawsuit in China and the United Kingdom for $145 million each!

So, what does Qualcomm want?  Well, it was iPhone’s – sales and manufacturing in China to be banned and is also seeking to ban certain iPhone models from sale in the US. Even though the models are not shared yes, it is a huge ask!

In another statement, “Qualcomm’s inventions are at the heart of every iPhone and extend well beyond modem technologies or cellular standards,” general counsel Don Rosenberg said, and continued with “Apple continues to use Qualcomm’s technology while refusing to pay for it.”

To counter this argument, Apple said that there was whole lot of evidence to prove that Qualcomm operated an “illegal business model,” and that it sought to extract patent royalties on every wireless device containing its chips.

So, this is the base, the foundation, but what’s happening now?  Well, Apple has won two rulings. The judge has ruled that Qualcomm cannot collect intellectual property (IP) royalty payments on Apple’s manufacturing partners until the total royalty’s amount is determined, if that happens at all. Qualcomm will now have to calculate and argue just how much royalty money will need to be recouped from Apple and its partners. Not only that, Qualcomm will now have to prove just how exactly Apple are infringing their patents! So, it’s Apple -2 and Qualcomm – 0. We’ll have to wait for more that’s bound to happen in this case!

**Source Internet**