Skip to content

Is There an App to Patent my App?

Unfortunately, the answer is no, no there’s not. But maybe there should be! A portable, user-friendly app that lets you apply for a patent by throwing kamikaze birds at multiple choice questions to complete your application. The app would immediately rise to the top of the app charts, earn its maker millions and suck hours of productivity from the working day as people surreptitiously lob birds into the sky.

But wait, how can the app be protected from potential infringers? Patenting could be the solution, but a more nuanced investigation is needed. This article explores whether an app can be patented but more importantly, whether it should be.

Can an App be Patented?

It’s best to approach this question from a technical point of view. Under section 18 of the Patents Act 1990, an invention is patentable if it is novel, involves an inventive step and is useful.

If the software or coding behind an app is novel, involves a inventive step and is useful, then there is a possibility that the app may be patented.

Should an App be Patented?

Now that we have answered the preliminary question of whether it’s possible to patent an app, let’s move on to the more important question of whether an app actually should be patented.

Most app developers want to patent their apps to protect it from imitators. It’s a legitimate concern – no one wants to invest significant amounts of time and money to invent something great only to see it copied and sold for a cheaper rate elsewhere.

Continue reading this article below the form
Loading form

Long Term v Short-Term Profitability

To apply for a patent in Australia, costs range from between $3,000 and $12,000, depending on the type of patent and the complexity of the invention. It’s not an insignificant amount of money. Whether this is a good investment or not depends on whether an app has long-term profitability potential. If an app just capitalises on the short-term appeal of the ‘zeitgeist’ playing quick and dirty to make a mint, it may not be worthwhile to apply for a patent providing years of protection. Perhaps the money is better spent on a great marketing campaign, a better app developer and trademarking the app name.

However, if the app has long-term profitability prospects, then the significant initial investment cost may be worthwhile. You can best reach this decision through drafting a solid business plan outlining how and where you will make profits. 

Risks and Enforcement Costs

Patenting an app carries with it risks and additional costs that you should first consider before deciding to apply for a patent. For instance, one small change to the content of a patent could place a potential infringer outside the reach of a potential action for patent infringement. Also, anyone applying for a patent will need to think about the costs to enforce their rights. Litigation is costly and time-consuming, and a person is not guaranteed to recoup their legal costs if they win their case. 

Conclusion

In short, you should base your decision to patent on a sound business plan and a realistic assessment of whether the associated costs with patent applications are worthwhile. 

LegalVision cannot provide legal assistance with patents. We recommend you contact your local law society.

Register for our free webinars

Ask an Employment Lawyer: Contracts, Performance and Navigating Dismissals

Online
Ask an employment lawyer your contract, performance and dismissal questions in our free webinar. Register today.
Register Now

Stop Chasing Unpaid Invoices: Payment Terms That Actually Work

Online
Stop chasing late payments with stronger terms and protections. Register for our free webinar.
Register Now

Managing Psychosocial Risks: Employer and Legal Counsel Responsibilities

Online
Protect your business by managing workplace psychosocial risks. Register for our free webinar.
Register Now

Franchisor Compliance Update: Code Obligations from November 2025

Online
Stay compliant with the new franchising updates from November 2025. Register for our free webinar.
Register Now
See more webinars >
Chloe Sevil

Chloe Sevil

Read all articles by Chloe

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards