With 7.4 billion smartphones in use worldwide, these devices now account for roughly 87% of all mobile phone use. That’s a big audience, and if you want to take advantage of it, developing a smartphone or computer app is a great way to make an impression.
Apps have the potential to generate significant revenue for a business, so it’s important to seek intellectual property protection and stay ahead of your competitors. In this article, we’ll discuss how to patent an app idea in Australia and whether a patent is the right decision for your business.
A patent is a type of intellectual property that grants the owner the exclusive right to commercially exploit inventions that are new and useful. That includes products, processes, software, business methods, and some types of biological materials.
You can only patent inventions that are:
It is possible to patent a computer or mobile app, but you cannot patent an abstract idea. You do not need to have a completed app (or even a working proof of concept), but your invention must be technological in nature.
With that said, you may be able to patent certain parts of your app, such as:
It’s also worth noting that an app does not need to be conceptually unique to be patentable — it needs to be unique in its technical implementation. Two apps that perform the same function may use sufficiently different underlying systems for both to qualify for patent protection.
Seeking a patent is a serious investment. We recommend engaging a patent attorney to assist with filing an application. A patent attorney with experience in software and apps can determine whether your invention is novel and whether it qualifies for patent protection.
If your app qualifies for patent protection, applying for a patent in Australia is relatively straightforward:
Patent costs vary depending on the type of application, the complexity of the invention, and whether professional fees are involved. As a general guide:
Stage | Approximate Cost |
IP Australia filing fee (standard application) | $370 |
Examination fee | $490 |
Renewal fees (annual, years 5–20) | $300 – $1,900 per year |
These figures don’t include professional fees that might be associated with your application, and they can vary significantly based on the complexity of your app and the scope of protection you’re seeking. All IP Australia fees are non-refundable regardless of outcome, which is one reason it’s worth assessing eligibility carefully before filing.
Patenting your app isn’t always the right choice for your business. Patents can’t be used to protect code or non-technical ideas behind your app. And, since many apps might offer similar functionality and processing methods, your invention may not meet the “inventive step” requirement. That means pursuing a patent can be a time-consuming and costly exercise.
The good news is that other forms of protection are also available. Parts of your app may be eligible for two other types of intellectual property protection:
Most app businesses benefit from a combination of all three. A trade mark protects your brand from day one, copyright protects your code automatically, and a patent protects the technical innovation that competitors can’t easily replicate.
While it’s possible to patent an app, it’s not always the most appropriate form of intellectual property protection. But, if you want to safeguard your ideas, the team at Kings can develop an intellectual property strategy just for you!
Kings IP is an independent firm of patent attorneys with deep experience in software, ICT, and the app market. We work with app developers and technology businesses across Australia to build intellectual property strategies that are practical, cost-effective, and aligned with your commercial goals, whether that means filing a patent, registering a trade mark, or a combination of both.
Book a consultation with one of our attorneys to find out exactly what protection your app qualifies for and what the process looks like for your situation.
