Evolve was granted a patent in Australia for electric skateboards

Like the title says, Evolve was granted a patent, in Australia, for electric skateboards that have 2 sensored motors on 1 truck, belt driven or hub wheels, wireless remote, a receiver, controller (ESC), battery, deck, where as 1 of either receiver, ESC or battery is integrated into deck. If you sell an electric skateboard that has these things, you are violating their patent. Technically, if you have gear drives, you’re all good, unsensored motors, all good. This is my take and I could be completely wrong. I came to the conclusion after reading the patent. Lost a lot of respect for evolve after this. Someone correct me if I’m wrong. Until then, :man_facepalming::clown_face::joy: Clown show for real.

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Full patent

pdfSource.pdf (1.5 MB)

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Honestly kind of dumb that they even bothered

What are they trying to protect?? This is a whole FineBros React World all over again

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They claim it’s to protect the design of their carbon series design but the wording of the patent actually covers way more than that. Exway Atlas was taken down from Exway Australia website for infringement.

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jokes on them, sensors will be a thing of the past

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I am going to patent the wheel and put all those suckers out of business.

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Has anyone seen Jeff and Frank in the same room? I haven’t. Just asking.

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And the black box.
Check mate, Frank

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honestly i still see a electric skateboard here almost every week even though they are technically illegal af

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If you rock direct drive of some sort or your motor isn’t in the wheel you’re out of bounds either?

So basically they took the overall largest possible definition of an electric skateboard and obtained a patent in Australia for that?

Don’t know IP rights over there but good luck expanding this over to Europe and US :+1:t4:

And how the fuck did they manage to do that just to Butcher Exway sales.

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It would be fun if they were able to extend this to the UK :joy:

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Wow. Just read the patent pdf. I can’t believe the patent office in Australia approved this. They are incompetent to say the least.

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If the direct drives are sensored, you would be in violation of the patent. No sensor direct drives, all good. Just my interpretation of the patent. If you have a sensored direct drive on 1 wheel, you’d be good also :joy:, they claim 2 sensored motors. They would never be granted a patent internationally and especially not here in the USA.

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Isn’t worth the paper it’s written on. It doesn’t take a lot of research to kill this patent.
All of the claims were already state of the art technology by the time the patent got filed -12 months grace period. Patents can only cover inventions that are novel and unknown by the time of filing. On top of that you can easily circumnavigate the patent, since it is way to specific.

https://www.ipaustralia.gov.au/patents/understanding-patents/time-and-costs/grace-periods

If an invention is publicly disclosed before a patent application is filed it can be difficult to gain patent protection. The grace period allows for public disclosure of an invention (under certain conditions) without affecting the validity of a subsequent patent application in Australia. The grace period will only apply if an application for a standard or innovation patent is filed within 12 months of the public disclosure.

Grace periods of one form or another also apply in other countries including the United States, Japan and Canada. However other countries do not have an equivalent provision. Most European countries do not have a grace period.

Note: provisions also exist that cover other types of disclosures prior to a patent application being filed, including “recognised exhibitions”, “learned societies”, and “reasonable trial of invention”. The circumstances under which these provisions apply are very limited and it is highly recommended that you seek appropriate legal advice as to your options in any particular case.

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Frank has this spot on; this patent isn’t truly enforceable because of previous works.

What a complete shit show. Have the feeling this will backfire on them.

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Meanwhile I bet most australian resellers of Chinese brands will not make the effort of fighting this and will comply at the first letter from a lawyer they receive. Cheaper to switch to other products.

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received_1407677692933857

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Bringing lawyers into the esk8 world is a bad idea. One serious liability case would put any builder in the business out of the business.

Waivers saying “we don’t take responsibility” are as unenforceable in a courtroom as patents that another builder can demonstrate “prior art” for - showing that they have been doing the same thing since before the patent application was submitted. However, they still have a patent and they can still sue and you will waste time and money defending yourself again the patent.

Lawyers + esk8 = bad juju

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Technically you were the one that invented electric skateboards.
That other dude was riding an elecrtic skateboard.

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