Using potentially patented tech in a complex hardware/app product

質問

We are developing a new kind of monitoring device which will integrate into a smart home security system. Our product is the whole security system, combined with an app as main UI. Some of the tech we include in the system - but not on the software side - might be patented. Can we patent the security suite as a whole? If so, would we have to get a license or pay for using the patented tech?

回答: 2 公開 & 0 非公開

Steven weinrieb
弁理士

You do not provide a lot of information, so it is somewhat difficult to assess your situation, but if I understand your situation correctly, you have developed a smart home security system which includes what you may suspect is some patented tech. You may be able to obtain a patent for the entire system, however, if you use tech in your system which in fact is patented, you will infringe that patent. TO avoid infringement, you will have to obtain a license to use the tech, and of course pay a fee for the license. Alternatively you can buy the patent outright which covers the tech and then be done with it. Still alternatively, you may cross-license the tech patent holder to the effect that you can use their tech in exchange for them to use your system - cross licenses are often negotiated under such circumstances.

Bd4a953a5c
IPコンサルタント

Get prior art search done, and take license from the existing patent technologies . You can patent security suite as whole but without existing patent license you will be in trouble. And no company/ VC will buy your product in market because of complexions

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