TESLA Patents...


This blog post  started in response to conversations I  had within the comments sections of Electrek. 

Typically Patent applications and Patent issue are confused.    Elon Musk says on "Battery Day" 'we came up with a tabless battery ' ' this is quite hard to do, nobody's done it before" and his 'followers'  then say ' Tesla has a patent", without questioning.  Elon Musk does not mention that Tesla's  Claim of inventorship of the Tabless Battery architecture has already been rejected by Examiners.

 Before a patent issues Examiners scrutinize the Application and often refuse an Issue because the claims are either " not novel'  or  "  make no inventive step"  over prior art.[ termed patent rejection].
 So, I started to check the Tesla applications to see what has actually received a patent. To do this does require some basic skills which most commentators wont have and so this page hopes to remedy this. Well, no harm  trying.


Now [IMO] Tesla either know that many of their applications will eventually fail and use the applications as ' puffery' to boost the share price, image or whatever... OR Tesla have very poor lawyers.


So on this page I will place links to some hi- profile patent applications  that have failed or are struggling with negative examinations. I will provide Pdf documents of the rejection reasons provided by examiners.


 I start with the" battery patent" which is actually a battery patent application. There is a lot of difference between the two things!

 I encourage anyone interested to do further research and learn how the Patents system works but here are basics.   First an Applicant applies for a Patent.  The Applicant gains no legal rights until the application is examined and accepted and then a Patent issues.  Before a Patent issues the Applicant can not say '  I have patented'.  He can say  "  I have a patent pending' or " I have applied for a patent'
  If the applicant says  "  I have patented' before issue occurs, this is an offence under patent law.  Now , ok  Elon Musk's  lawyers know that the general public and commentators have no idea how and when these terms should be used and they allow/ encourage their  " media fan base'  to incorrectly use the terms because it elevates their publicity and status and share price!    In other words they " cultivate ignorance'   No,  I am not shocked by this so dont worry about me.

 Phillip James.


 Electrek  hypes Tesla 
May 7, 2020 - Tesla has patented a new battery cell with a tabless electrode 

so now click on link to go to the application;


2.WO/2020/096973 A CELL WITH A TABLESS ELECTRODE
WO - 14.05.2020
 Appl.No PCT/US2019/059691 Applicant TESLA, INC. Inventor TSURUTA, Kunio

and see the Examiners opinion below :

"Written Opinion of the International Search Authority"



there is no patent!

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The Tesla Casting Machine" Patent Hype'
Home > Tesla News > Tesla production to take a giant leap forward after obtaining patent for a 'Unibody Casting Machine'


So now check the reality below... there is no patent!

2. WO2019143496 - MULTI-DIRECTIONAL UNIBODY CASTING MACHINES FOR A VEHICLE FRAME AND ASSOCIATED METHOD.    

25.07.2019

 Written Opinion of the International Searching Authority PDF

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  Eva Fox  hypes a new patent;

 Tesla‘s Latest Published Patent Includes Elon Musk as an Inventor: Autonomous And User Controlled Vehicle Summon To A Target

by Eva Fox August 13, 2020

1.WO/2020/167613AUTONOMOUS AND USER CONTROLLED VEHICLE SUMMON TO A TARGET
WO - 20.08.2020
Appl.No PCT/US2020/017316 Applicant TESLA, INC. Inventor MUSK, Elon
 Yet again  no patent and an adverse finding by examiners:

20.08.2020 (ISA/237) Written Opinion of the International Searching Authority PDF (12p.)

More to follow. Phillip James email tiltingvehicle@bigpond.com

But... how much more?   I am now genuinely surprised at  the extent of the misinformation I am uncovering and  its taking up too much of my time! .
Elon Musk generously lets you use his " patents " [ see next paragraph]. However under the terms of the offer you must assign any of your own technology back to Tesla.  It seems to me that instead of being in any position to licence patents to others [ freely or otherwise]  Tesla [ if it persists with development of its  ' patent claims']  will be in exactly the opposite position and will need to obtain licences from the holders of the prior art that is blocking the issue of patents they have applied for.  Good luck suing Tesla if they infringe your  IP.       This whole saga  has a whiff of Elon about it.  P
  
 

"Elon Musk announced Thursday he had released all of the electric carmaker Tesla's patents, as part of an effort to fight climate change. In a blog post, the colorful billionaire founder of Tesla promised the company "will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology."Feb 2, 2019


No Patent Lawsuit Against Anyone Who Use Our Technology ...



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