Why Don’t Other Companies Use Tesla’s Open-Source Charging Tech?

Teslas are some of the most popular EVs on the market and have been ever since the Model S was launched back in 2012. One of Tesla’s most significant advantages, performance and battery life aside, is the vast Supercharger network that the manufacturer has invested heavily in to make charging its vehicles a breeze.

Tesla’s charging network surpasses that of competitors like Electrify America in terms of speed, quality of chargers, and the number of chargers spread throughout the US. However, while Tesla has made its patents open source for other manufacturers to use at no cost, it hasn’t seen widespread adoption.

Let’s look at what Tesla’s Supercharger network offers for consumers and why they’re so popular, and then explore why other companies haven’t jumped on this tech.

What Makes Tesla’s Supercharger Network So Good?

Tesla’s Supercharger network has a few big advantages over its rivals like Electrify America, EVgo, and ChargePoint.

First, Superchargers are the most common EV fast chargers in the US (accounting for around 60% of the total, according to Reuters). With over 40,000 global Superchargers and more than 17,000 in the US, it’s unlikely that Tesla drivers will need to plug into any other network.

Second, they are far more reliable than any other company’s chargers. There’s no guarantee that when you pull up to an Electrify America charging station that you’ll get the advertised speed, if they’re working at all. However, with the Tesla Supercharger network, you can charge your EV reliably every time.

Third, Tesla is opening Superchargers to everyone. Non-Tesla owners can use a growing number of Supercharger stations to charge their car for a monthly or per-use fee. It’s a frictionless experience, and it results in lower charging costs and better reliability for everyone who drives an EV.

It’s these three factors which overcome the fact that Tesla’s chargers, while speedy, aren’t technically the fastest. The current V3 superchargers function at 250 kW (although some locations have been upgraded to 324 kW), but Electrify America offers chargers that deliver up to 350 kW.

Why Do Tesla’s Competitors Suffer Charging Reliability Problems?

A big reason for the aforementioned reliability problem with competitors, especially in the US, is the fact that the government only provides financial incentives for installing chargers and not much for maintaining them. While Electrify America wants more money from the US government for installing more chargers, Tesla is focused on the customer’s charging experience as well, since this is part of the company’s ethos.

We’ve covered the differences between Tesla and Electrify America’s charging networks in detail previously, but the story is essentially the same with other networks. Reliable chargers that are fast enough and spread throughout a country are always better than having thousands of charging stations that don’t work when you need them the most.

However, that’s not to say Tesla doesn’t want that US grant money. The company is planning to open 3,500 new and existing Superchargers along highway corridors to non-Tesla EVs by late 2024. It’s also going to offer 4,000 slower chargers at general locations like hotels and restaurants; all part of the $7.5 billion federal program announced by the Biden administration.

The US government is also working to improve other charging networks built on taxpayer dollars. It’s introducing new standards from the Federal Highway Administration (FHWA), with support from the Joint Office of Energy and Transportation. Charge predictability and reliability are on the agenda, along with additional capabilities like Plug and Charge and a single method of ID working across all chargers.

Why Don’t Other Companies Use Tesla’s Patents?

Despite Elon Musk’s 2014 announcement on the Tesla blog that the company would open up its patents, allowing its competitors to design their EVs to use Tesla’s charging network, other car companies are not enthused about sharing Tesla’s technology.

Tesla offers its patents free of charge and won’t launch a lawsuit against any company using them. This sounds great, but this only applies to companies acting in “good faith”, as defined Tesla’s Patent Pledge. This clause has significant business implications and explains why many haven’t utilized Tesla’s patents.

According to Nicholas Collura, an attorney writing for Duane Morris LLP, using Tesla’s patents forfeits a company’s right to bring action against Tesla for any form of copyright infringement—not just in relation to the patents. Essentially, if Tesla stole a company’s software code, that company would need to give up any protections offered under Tesla’s Patent Pledge to pursue legal action.

Furthermore, and even more importantly, using Tesla’s patents means that a company cannot assert its own patent right against any other electric vehicle company. This is especially risky for companies that rely on patents to gain a competitive edge.

The terms also deem that a company can’t challenge any Tesla patent, including those outside of the Patent Pledge, nor can it have any financial involvement in a company that does so. Collura notes the vagueness of this, saying that “Tesla could argue that a supplier has a financial stake in its customer’s challenge of a Tesla patent.”

Using Tesla’s patents also means that a company can’t market or sell a “knock-off product” or provide “material assistance to another party doing so”. What defines a knock-off product falls in Tesla’s court, leaving a company open to the dangerous position of Tesla claiming that its designs have been copied.

EV Charging Continues to Evolve

When Elon Musk announced that his company was making its patents free to use, “in the spirit of the open source movement”, it seemed great. However, exploring the terms, it’s clear why many companies remain hesitant to implement Tesla’s charging technologies in its cars or when building charging stations. A more traditional paid licensing agreement would have perhaps been preferable.

For consumers, Tesla’s charging network is reliable, affordable, and open to non-Tesla EV drivers. Eliminating range anxiety and making charging infrastructure more accessible are two of the best ways EVs can gain more traction in the market against traditional internal combustion cars.

Better public charging stations don’t hold the key for mass EV adoption on their own, though. Good home charging solutions are also important, since some people will prefer to charge at home, especially if they regularly commute in their EV.