bkp_duke
Well-Known Member
Not a lawyer:
Public domain is not quite the same same as open source. Either way, you can't patent someone else's idea.
Ford's patent app was submitted after the Tweet about dog mode, thus the base concept of dog mode cannot be patented. However, a method of implementing dog mode could still be patented (use of key fob for instance). However, defense of the patent could still fail at the novelty/ non-obviousness criteria (of course dog mode adjusts cabin temperature).
Having submitted a patent application, Ford could then warn Tesla after dog mode was released that they may be infringing on a pending patent, but there is no legal standing until the patent is granted. Once granted though, they could theoretically seek damages back to the point at which they gave notice.
After the whole "Model E" legal threat from Ford years ago, Tesla owes Ford a good smackdown. I would love to see Tesla lawyers go after Ford for this, like rabid dogs (pun intended).