Do we have to worry about IP when creating hardware-compatible devices for smartwatches and other wearables?

Question

We have been developing wearable devices with an advanced HMI. For a new line of products, we want to create devices that seamlessly interact with major brand smartwatches on a software level, but ALSO on a hardware level so that they match in design and functionality and can upgrade e.g. the Apple watch on a hardware level as well. As the devices would be separate from the Apple/Android/etc. products, do we need to worry about design patents or other IP from Apple or others?

Answers: 2 public & 0 private

Steven weinrieb
Patent Attorney

Patents protect whatever are in the patent claims, so if you make, use, or sell whatever is protected by the patent claims, you infringe the patents. Consult a patent professional as to your intended uses, products, and the like in order to uncover patents which you may potentially infringe.

Warren norred
Patent Attorney

Yes. You should have a freedom-to-operate opinion at the very least when selling a new product. There may be a patent out there owned by someone just waiting for you to start their new business, because as soon as you start making money, they'll pop up and say, "Thanks...I didn't have the capital or contacts necessary to build my own products, but my patent covers your product, so pay me."

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