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Is it appropriate to grant Tesla a patent in this application or not?

Tesla Electricity Generation TESLA

A few days ago Tesla filed a Patent Application For Electricity Generation That Bypasses The Grid.

Link to the Forbes publication - https://www.forbes.com/sites/sebastianblanco/2019/03/29/tesla-patent-application-electricity-generation-bypass-grid/#6fe646774ca5

Link to the Patent Application - http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220190097427%22.PGNR.&OS=DN/20190097427&RS=DN/20190097427

Abstract

Methods, devices, and systems for controlling energy generation interactions that bypass the grid may be provided. Flow control devices may be directly connected with one another independent of electrical connections to the utility grid. In some examples, the direct connections between the devices may enable sharing of power, controlling power flow over the direct connections, and/or recording relative power flows between the devices.

Maybe I am wrong, but it seems that this is a replica of a scheme that describes a Decentralized Community and as such, it is quite obvious to anyone who is dealing with decentralized energy or Renewables/energy storage/power backups, etc.

Moreover, is it really worth granting a patent on the basis of the application that describes a process in such a superficial and/or general manner?

What do you think?

P.S.

I have no intention to offend Tesla and/or its' employees etc.

It is a great company, great founders, achievements...

Yet...

 

 

 

Tal Paperany's picture

Thank Tal for the Post!

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Discussions

Bob Meinetz's picture
Bob Meinetz on Apr 4, 2019 6:26 pm GMT

Good question, Tal. Given Tesla's application doesn't describe "a process, machine, manufacture, or composition of matter" as required under U.S. patent law, it appears to be doomed from the start.

Though Tesla may be able to narrow it down to a specific circuit or electricity-sharing algorithm, unlikely there isn't prior art that would render it ineligible anyway.

Tal Paperany's picture
Tal Paperany on Apr 5, 2019 7:57 am GMT

Bob, 

That's exactly what bothered me so much.
It is not just a matter of violating the rules of the patent law, but it smells like an attempt to integrate the whole emerging issue of decentralization under one roof
Granting a "monopoly" to one company under the protection of the law will harm the entire market
In such a case, a mechanism of balancing the considerations must be exercised, at least in my opinion

 

Bob Meinetz's picture
Bob Meinetz on Apr 5, 2019 3:41 pm GMT

Tal, based on my experience with USPTO, overreaching patent applications appear every day. They're well-aware of threats to competition (encouraging competition was one of the original aims of US patent law) - I wouldn't be surprised if it's already been thrown out.

If not, my patent application for "electricity" has been sitting on the shelf - maybe this is my chance!

Matt Chester's picture
Matt Chester on Apr 4, 2019 11:41 pm GMT

Agree with Bob that this is a great question-- we can be thankful for the technological push that Tesla has helped usher in, but allowing them to get exclusive rights on this tech on the outset seems perilous at best, in my opinion

Tal Paperany's picture
Tal Paperany on Apr 5, 2019 8:14 am GMT

Matt

Totally agree.
As long as the invention is forward-looking and technology-based, the inventor's rights must be respected.
While the "process" is detailed in a way that can be defined as obvious to all those involved, it is not appropriate to grant a patent.

An invention must be both novel and nonobvious to qualify for a patent. Of these two requirements, novelty is the threshold: An invention must be novel before nonobviousness can be considered. Establishing novelty was the topic of “Patents: Crossing the Novelty Threshold,” which was published in the Nov. 2015 issue of CEP (pp. 38–46).

With all the respect to Teslas' engineering team - I see zero novelty in this application, and I do not hold a Ph.D. in this field. 

But as someone who understands the field and is a lawyer - I see here a solid case for a Third-Party Preissuance Submission

BTW, such move concerns all of us, unless we'll want to waive our rights, and rights of the entire public as well.

Once again - I have nothing against Tesla :)

Ronald GD Davis's picture
Ronald GD Davis on Apr 11, 2019 9:10 pm GMT

The very big argument is "Prior Art" .. I can google several devices that have "managed / routed / switched" Power back in the early 90's when PV devices became popular .. From this perspective Tesla's patent is specious and doesn't hold a chance to be awarded a patent .. 

At first before reading "which Tesla" we were talking about, I surmised that we would be revisiting one of Nikola Tesla's 2,000 patents which most believe there were only a 1/10 of that number .. I though oh, this should prove to be interesting .. I suspected that Nikola's grid free method was being discussed .. 

Everyone here, I believe, knows of Transverse Wave transmission system .. This is where the electrostatic waves travel in a strait line whereas the electromagnetic component travels transversely following the right hand rule .. What few people know or understand is that Nikola found this to be the most wasteful method of energy transmission .. He discovered that the Electrostatic and Electromagnetic energies could travel colinearly .. So he patented his Longitudinal Wave Transmission methodology which was able to transmit energy in such a way as not to lose energy like the Marconi method where the energy diminishes on the square of the distance .. This is why I read this article because I believed that it was so unusual for anyone to post anything about Nikola Tesla given the reasons why there is Nikola Tesla bias .. 

Okay, so now I have said it .. What Tesla Bias and what does it have to do with Tesla the company ? .. I'll admit, I found the Tesla patent to be specious but I'll also say in the same breath that Tesla the company is orders of magnitude beneath Nikola Tesla in terms of their inventions especially in wireless energy transmission .. The sad truth they only awarded Tesla the patent 6 months posthumously after his death in Jan 1943 .. So he was never able to produce devices for sale using this technology .. 

In an effort to broaden perspective I give you this .. The genius of Nikola Tesla .. 

The very big argument is "Prior Art" .. I can google several devices that have "managed / routed / switched" Power back in the early 90's when PV devices became popular .. From this perspective Tesla's patent is specious and doesn't hold a chance to be awarded a patent .. 

At first before reading "which Tesla" we were talking about, I surmised that we would be revisiting one of Nikola Tesla's 2,000 patents which most believe there were only a 1/10 of that number .. I though oh, this should prove to be interesting .. I suspected that Nikola's grid free method was being discussed .. 

Everyone here, I believe, knows of Transverse Wave transmission system .. This is where the electrostatic waves travel in a strait line whereas the electromagnetic component travels transversely following the right hand rule .. What few people know or understand is that Nikola found this to be the most wasteful method of energy transmission .. He discovered that the Electrostatic and Electromagnetic energies could travel colinearly .. So he patented his Longitudinal Wave Transmission methodology which was able to transmit energy in such a way as not to lose energy like the Marconi method where the energy diminishes on the square of the distance .. This is why I read this article because I believed that it was so unusual for anyone to post anything about Nikola Tesla given the reasons why there is Nikola Tesla bias .. 

Okay, so now I have said it .. What Tesla Bias and what does it have to do with Tesla the company ? .. I'll admit, I found the Tesla patent to be specious but I'll also say in the same breath that Tesla the company is orders of magnitude beneath Nikola Tesla in terms of their inventions especially in wireless energy transmission .. The sad truth they only awarded Tesla the patent 6 months posthumously after his death in Jan 1943 .. So he was never able to produce devices for sale using this technology .. 

In an effort to broaden perspective I give you this .. The genius of Nikola Tesla .. 

http://defragyourmind.blogspot.com/2012/11/teslas-scalar-fields-still-beaming-on.html

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