You have a great idea for a mobile app and are confident it will succeed. You’re about to launch the next big thing—the kind of app that could rival Facebook or become the next Snapchat. But then a thought strikes you: what if someone steals my app concept? What if another developer releases it before I do? What if an opportunist takes my idea and profits from it?
The Philippines has a legal mechanism to help prevent this—the patent system. A patent is a legal right that grants ownership over an invention, product, method, or process. If your app introduces a novel process or technical solution, you can apply for a patent through the Intellectual Property Office of the Philippines (IPOPHL). This gives you exclusive rights over how the invention is used, made, or implemented, protecting your business interest. Once granted, you may use the patent yourself, sell it outright, or license it to third parties in exchange for royalties.
But how do patents apply to apps? Is a mobile app an invention? The answer is both yes and no.
A mobile app as pure code is not itself patentable—it is essentially text. What can be patented is the unique process or functionality within the app that is new, inventive, and industrially applicable. For example, if your app introduces a technical process that no other app has done before, that process may be patentable.
Meanwhile, the source code of your app is automatically protected under copyright law. In the Philippines, computer programs are considered literary works, meaning the exact code cannot legally be copied without your consent. This prevents others from directly cloning your program. However, copyright does not protect the idea behind the app—only its specific expression in code.
A patent, on the other hand, protects the underlying inventive concept. For instance, an app like Snapchat did not patent the app itself but patented specific technological features, such as its unique method for capturing photos and videos through one button. Similarly, in the Philippines, you can patent a technical process or function embedded in your app, not the app as a whole.
That said, not all apps qualify. Many successful apps combine existing features in creative ways rather than introducing an entirely new process. Apps that simply rearrange or repackage existing functions usually won’t meet the patentability requirement.
So, should you patent your app concept? The answer depends. If your app truly has a novel process or technological method, applying for a patent may give you strong protection. But for most entrepreneurs, success usually comes from great execution, meeting customer needs, and building a strong user base—not from holding a patent.
Cost of patenting in the Philippines
Filing a patent is not inexpensive. You may start with a provisional application, which allows you to secure a filing date while giving you time to refine your invention. This is valid for 12 months and is much cheaper than a full application. If you proceed to file a complete patent application, expect government filing fees plus professional fees for an IP agent or lawyer to guide you through the process. Patent searches, legal drafting, and examination can easily bring the cost into tens of thousands of pesos, depending on complexity.
Because the process can be technical, many inventors engage professional IP firms. In the Philippines, local residents may self-file, but working with an accredited agent such as Brealant, Hechanova, or Federis helps avoid costly mistakes and ensures compliance with IPOPHL rules. Foreign applicants are required by law to appoint a local agent.
In summary, patents can be valuable for app developers—but they are not always necessary. If your app introduces a novel technical method, pursuing a patent can protect your idea. However, in most cases, focusing on execution, speed to market, and customer satisfaction will determine success more than the patent itself.
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