Will Toyota Face a Hybrid Prohibition?

It looks like Solomon Technologies, Inc. patent 5,067,932 is expiring on Nov 27th 2007.

Toyota has their own patents that covered HSD operations (I am missing a few) using the same setup in detail. Why US patent office assgined them? Who knows and I don't think it is Toyota's problem. Toyota should have every right to sell their hybrids according to the following patents.

5,907,191 - Passing or Acceleration (low gear for maximum torque)
5,914,575 - Engine braking ( B )
6,005,297 - Reverse direction ( R )
6,067,801 - Traction / Torque control
6,131,680 - Overdrive (high gear for maximum efficiency)
6,161,640 - Engine shutdown while car in motion / engine running while car at rest
6,086,166 - Regen braking
????????? - Stealth / EV Mode

Edit: Found Regen braking patent.

 

<div class='quotetop'>QUOTE(usbseawolf2000 @ Nov 7 2006, 11:31 PM) [snapback]345300[/snapback]</div>

Technically, a patent doesn't give someone the right to sell something - instead, it gives them the right to prevent someone else from selling something. And the patent issued first takes precedence. So it is Toyota's problem, and they may not actually have the right to sell their cars in the US.

The patent office is very much overworked right now (i have several friends who work there). The process of obtaining a patent is fairly straightforward: Create a design, have a lawyer write it up, submit it, and the patent reviewer will look it over. Often times the patent will go back and forth a few times between the PTO and the lawyer for clarifications. But simply put, if the sole patent reviewer didn't happen to see the Solomon patent, it's entirely possible for him to issue the patent. The courts are in place for exactly this reason - to sort out these problems. Of course, at this point it also goes back to the PTO so they can decide if they want to invalidate Toyota's patent(s) based on this Solomon patent.

Needless to say, if the Solomon patent expires at the end of next year it won't be a huge problem for Toyota - at most they'll have to pay some licensing fees for all the cars sold to date, but i bet the trial won't even be finished before the patent expires.

*edit*
just looked up the Solomon patent on the PTO's website... it was filed on November 28, 1990 and issued on November 26, 1991... Utility patents (utility meaning patents that cover new processes, machines, manufactured articles, and chemical compositions) in the US are valid for 20 years from date of filing - so the Solomon patent doesn't expire until November 28, 2010.

 

I wanted to get a 2014 Prius, not a 2008 in case they make a few of those before the embargo.

If this is still the sailboat patent being stretched to cover all things regenerative, I hope Toyota wins out...

 

<_< WELL.... now let's see...

How about if someone patented WATER in the 16th Century or as soon as greedy lawyers existed. So no one could use water for drinking, sanitation or any other purpose without getting a license from them. And how about boats using water in/on which to navigate? Who first patented the "horseless carriage?"

How absurd. I believe such "blanket" patents are merely a license to steal from subsequent inventors and developers who perfect and develop a system for practical use. If, indeed, the Solomon patent relates to 'motors in the wheels' it would appear that Toyota's patents are more specific and should rule.

 

Personally, in my opinion, if a company patents some machine or process and then does nothing to actually fabricate or implement it. Waiting for some other company to come along with some similar idea or machine. The second company is works out all the inevitable bugs getting that machine to work in the real world. The first companies patent should expire in one year if they have done nothing to bring that machine to work in the real world. This would prevent someone or some company from coming up with some general statement that would compromise a truly revolutionary new machine or process.

 

<div class='quotetop'>QUOTE(Tideland Prius @ Nov 8 2006, 02:49 PM) [snapback]345702[/snapback]</div>

actually, from what i understand of the patent system, if you file a patent, you must protect it, if you dont, you lose it. for ex: company A files a patent. company B, whether coming up with it on its own, or built on A. company A keep's their mouth shut, until company B's product becomes popular. then company A sues.
Company A will lose the suit in this case, because they didnt sue at the initial offering of the product, they waited until it was huge, to reap a bigger reward.

 

<div class='quotetop'>QUOTE(smackoww @ Nov 8 2006, 02:56 PM) [snapback]345824[/snapback]</div>

I think they have to enforce it only as soon as they become aware of the infringement. If they can defend the position that they didn't know until now that Toyota's system infringed, they still have a case. Of course, I am not a lawyer, so what do I know.

 

Their patent is so general. It stated so many ways how one can use planetary gearset to connect this to that. It never mentioned a word about hybrid. 'Gasoline' appeared one time and it did not referred to gasoline engine.

Differentials use planetary gearset too. So do automatic transmissions -- they even have electric motors in tranny. Can Soloman sue all differential and auto tranny manufacturers then?

 

Where are you, Ford Motor Company??? The Model "T" used a planetary gear set transmission. So, Ford lawyers, sue Solomon. :lol: :lol: