Background

Israel is at the fore-front of mobile apps development in various areas. We have accumulated experience in the preparation and filing of of mobile apps patents for start-ups and individual inventors.

LEVYIP- providing guidance and advice for high-tech companies from the early stages of an app development

 "Hi Naftali we have a new app which we invented, can we protect it by filing

 a patent?" We have been hearing this question for many years, and in recent years with the technological advancement of smartphones and the huge popularity that applications in the field of entertainment and music are gaining this question is becoming even more common. So what's the answer? Yes? No?

Applications and laws in the field of patent Apps

Applications and laws in the field of patent Apps have changed and are changing all the time. It sometimes seems that the courts and legislatures are trying to keep up with the rapid pace of technological progress so that the ruling will fit the technological reality and be relevant to current technological developments. In addition, the case law and laws in this matter differ from state to state. For example, European case law significantly limits the ability to register patents in the field of software in general and applications in particular compared to US case law. It is worth noting that the possibility of registering patents in the field of software and applications according to US law is not always acceptable and a number of tests which include checking the patent application before filing to be sure that  the application patent application may be indeed filed. It should also be noted that even when the invention has passed all the tests, a correct and accurate professional wording of the patent application is required in order for the application to be approved as a patent.

Laws and legal rulings in the field of software and App patents

Section 3 of the Israeli Patents Act sets out the essential and main conditions for the patentability of an invention, as follows:

“An invention, whether it is a product or a process in any technological field, that is new, useful, industrially usable and has an inventive step - it defined as an invention which  may be patented”

With reference to the instructions for the Israeli patent examiners, the Israeli Registrar of Patents defined a test that defines what is: "in any technological field" based on an examination that identifies in the specification of the invention a "tangible technological process". "A tangible technological process” was defined by the Israeli Court of Justice (Jerusalem District) 23/94 United Technologies v. The Registrar of Patents as an expression of physical characteristics  in the system or device on which the invention is performed therein or in the nature of the action performed by the product or process.

When there is difficulty in identifying the existence of a ‘technological characteristic or technological substance ” in an invention the Israeli patent Registrar recommends performing another key test that includes identifying the existence of a tangible technological character in the claimed product or process, or to the outcome of the process. This means that if the process or system described in the patent application includes a computer and software that causes or involves a tangible change in the process and the final product of the system or process is created, the application may to be registered as a patent. In the above case (United Technologies v. Patent Registrar) the computer system installed inside the helicopter and runs a computer program that optimizes the helicopter's fuel consumption during flight (i.e. in real time). The judge explained that “there is no need that the computer software  will change the structure of the computer, but it is enough that the computer software will change the fuel consumption. "

Accordingly, patent applications in the field of Apps do not usually include a stand-alone abstract description but include a description of one or two applications running on hardware and software systems that are typically in a smartphone that includes a processor. Sometimes the app uses additional hardware components in the phone such as GPS sensor, camera or sensors and other means existing on the mobile phone and the app uses them so that it performs an action of a tangible nature.

As stated above, if the invention involves an action of a tangible nature, then the granting of a patent on the invention cannot be completely denied. It should be emphasized that since the description of the invention and claims are sometimes submitted in a number of countries such as in European countries, USA or Japan or China and other countries it is advisable to check that the description as well as the claims describing the invention will meet the countries law requirements.

Examples of companies filed and received patent related to Apps

https://fuse.ar/

Fuse.it has developed software and an application that allows you to merge content such as video with additional content such as videos of popular stars such as TikTok  stars or content that includes augmented reality on the user's phone.

The preparation of the patents and the filing strategy were carried out together with the director of the company and the director of R&D of the company in accordance with the general strategy of the company. The company's technology and developments have been registered in a number of patents filed and received in the US and other countries in less than two years from the date of filing.