Question
My question is basically: Do we need to be aware at all times what kind of patents our competitors are filing and if so, how can we do that?
We develop a healthcare product for visually impaired users of smartphones. As a startup, we do not have a lot of resources to constantly search patent databases or other sites for technology that is similar to ours, checking if we might be infringing somebody's patent.
Answers: 2 public & 1 private
No, you don't "need to be aware at all times what kind of patents [y]our competitors are filing", but it would be beneficial to have an IP strategy also covering third-party IP.
At least, you should have a search for patent applications and patents covering your market before you launch a new product. With its launch, the product itself becomes prior art for later patent applications. However, there is still the possibility to miss relevant patent applications, because they are published 18 months after filing.
Better, you should have regular search for a defined profile (covering competitors as well as technology - as relevant rights may originate from non-competitors) providing a reasonable / manageable number of identified patent applications and patents (hits). Ongoing evaluation of the hits serves as early warning and may avoid surprises when the product in ready for launch. Moreover, the identified patent applications and patents could serve as general source of inpiration - without adopting any protected solutions, of course.
For help with third-parts rights as well as your inventions, find the right specialist: a patent attorney whom you like and find trustworthy.
Please feel free to get in touch.
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