How to patent an app idea: what you can and cannot patent

Can you patent an app idea?

Not the idea itself. The United States Patent and Trademark Office (USPTO) explains in its patent essentials that the laws of nature, physical phenomena and abstract ideas cannot be patented, “nor can only an idea or suggestion”. “An app that helps people split bills” is an idea. So is “an app that matches dog walkers with owners”. A patent office does not grant rights over concepts like these.

A patent protects an invention. For a utility patent, the USPTO lists four conditions: the invention must be able to be used (it works and is not just a theory), you must describe clearly how to make and use it, it must be new (“novel”), and it must not be obvious as a change to something already invented. Utility and plant patents have a term of up to 20 years from the date the first non-provisional application was filed.

Software can sometimes meet these conditions, but that depends on what exactly is claimed. The USPTO publishes subject matter eligibility guidance that explains how examiners decide whether a claim is directed to something ineligible, such as an abstract idea. Whether a given piece of software qualifies is a legal question, and it is where professional advice matters most.

What parts of an app can be protected, and how?

An app is a bundle of different things. Different laws cover different parts, and a patent is only one of them. The table shows where each part usually sits.

The US Copyright Office states that copyright protects original works of authorship, including computer software, but “does not protect ideas, concepts, systems, or methods of doing something”. So copyright is the protection most apps already have for their code, and it is the one that never covers the idea. The guide to protecting an app idea goes through copyright, trademarks, trade secrets and non-disclosure agreements in more detail.

What is a provisional patent application?

A provisional application is a first filing that costs less than a full application and gives you an early filing date. The USPTO describes it in its provisional application page. The main points:

• It lasts 12 months. After that it is abandoned by law. To keep the benefit of the early date you must file a corresponding non-provisional application within those 12 months.
• It is not examined and cannot become a patent on its own. The USPTO warns that a provisional application will not mature into a granted patent without further submissions by the inventor.
• It does not need formal claims or an oath. But it must contain a written description of the invention that is complete enough to support the later application. The USPTO recommends that the disclosure be as complete as possible.
• You may say “Patent Pending” for the 12 months while the provisional is on file.
• It has a filing fee and a cover sheet. The cover sheet names all inventors, their residence, the title and other details.

The provisional route suits an inventor who has something specific and wants a priority date while deciding whether to spend more. It is not a shortcut to a patent, and the USPTO notes that some invention promotion firms misuse the provisional process, leaving the inventor with no patent. If a company offers to patent your app idea for an upfront fee, check it carefully and ask who will actually write the description.

How much does it cost to patent an app?

The USPTO’s own fees are listed on its fee schedule, effective January 19, 2025 and last revised August 14, 2026. Fees change, so check the schedule before you plan a budget. The schedule has three columns: the full (undiscounted) fee, a reduced fee for small entities and a further reduced fee for micro entities. All amounts below are in USD and are the USPTO’s fees only.

Adding the filing, search and examination lines for a non-provisional utility application gives USD 2,000 undiscounted, USD 800 for a small entity and USD 400 for a micro entity. The schedule notes that each non-provisional application needs the search and examination fees in addition to the filing fee, and that paper filing adds a non-electronic filing fee. The issue fee comes later if the patent is granted, and the schedule also lists maintenance fees that are payable after grant to keep a patent in force.

These are the government’s fees, not the whole cost. Writing a patent application well is skilled work. The USPTO states that it always recommends using a registered patent attorney or agent, and it does not set what they charge, so ask for written quotes. Foreign-domiciled applicants must be represented by a USPTO registered patent practitioner. Reduced fees also have conditions: micro entity status is for applicants with limited income who have never or rarely filed an application, and you must certify that you qualify.

For independent inventors with limited means, the USPTO runs a Pro Se Assistance Program. It says inventors and small businesses that meet income and other criteria may be eligible for free legal assistance in preparing and filing, and that law school clinics can provide pro bono help.

What are the steps if you want to try?

1. Decide whether you have an invention, not just an idea. Write down in plain words what is technically new in how your app works. If the answer is only the business concept, a patent is unlikely to be available.
2. Search for what already exists. Look for earlier patents and published applications in your area. A patent attorney or agent can search more thoroughly. An existing similar invention can make yours obvious or not new.
3. Do not publish details first. The USPTO notes that a publication, public use, offer for sale or other public availability counts as a public disclosure. In the US, a provisional application can be filed up to 12 months after the inventor’s own public disclosure, but the USPTO says such a disclosure may preclude patenting in foreign countries. Filing before you publish keeps your options open.
4. Get advice. Talk to a registered patent practitioner. Bring clear notes, using the template below.
5. File a provisional application if it fits. Include as complete a description as you can, since later claims must be supported by it.
6. Diarise the 12-month deadline. File the non-provisional application, or decide to stop, before it passes.
7. Consider other countries early. The USPTO states that for first applications, the time within which applications may be filed in other countries is 12 months. Each country has its own rules.

1. What the app does, in two sentences.
2. The specific technical problem it solves, and how it was solved before.
3. What I did differently, step by step, in plain words. Include diagrams or screenshots.
4. Alternatives: other ways the same result could be achieved (these matter for the description).
5. Dates: when I first thought of it, built it, showed it to anyone, published anything, or offered it for sale.
6. Who contributed to the invention (every inventor must be named).
7. Anything I have already posted publicly, with links and dates.
8. My budget, my goal (license, sell, block copycats, impress investors) and the countries I care about.

Hello [name],
I am an individual inventor with a software invention that I believe is technically new. I would like a written quote for (a) a short consultation, (b) preparing and filing a provisional application, and (c) the later non-provisional application.
Please tell me what is included, what USPTO fees are on top, and whether you charge for office actions.
I have not published any details. I can share a short written summary under your confidentiality terms.
Thank you,
[your name]

Is patenting worth it for a small app?

For most early app ideas, no. Reasons to hesitate are practical. A patent covers a specific invention, which many apps do not have; it is costly in time and money; and an app’s value often comes from speed, design and distribution, which a patent does not provide. Competitors can build a different version of the same idea whether or not you hold a patent on a method.

Speed often matters more. Ship a small version, learn from users and improve it. See what to do with an app idea for the options, and how to sell an app idea if you want payment for something you will not build.