I am not aware of any statutory right to copy a design that enacts after 3 years (in the US, anyway.) It doesn't matter anyway, the fob will, by necessity, be different enough from the BMW design that it will not fall under their copyright. All it needs to do is hold the chip and the metal key tang.
And I don't really care whether the BMW allows me to duplicate the key. They probably would rather I did not. (This is kind of my point)
No one has to know you made it, and in fact, I can make our deal a "work for hire" and you will be in the clear legally. In any case, I want this to be my problem, and I will indemnify the designer/model from any repercussions of my use of the design. (If you start selling them too, you're on your own!)
I will figure out whether the chip is on the PCB or in the plastic fob today. In addition to the chip, though, are the other key functions and those definitely live on the pcb. There are 3 buttons. Two of those are made with a 3-sided cut and a score on the 4th side, so the tab bends when pushed and depresses the SMD switch on the PCD
I guess I am okay with the design taking a few tries. But the unit production cost should be considerably less than that.
Best
chris