If the inception drive is set to low torque a second motor needs to actively set it to a higher torque, which you can guard against by cutting power to the second one while in low torque mode, and having mechanical interlocks that cut power entirely if the shape of the drive changes to a high torque configuration while it's supposed to be low torque. Neither of these require continuous logic.
Let me help: you can, and I have taken part in developing one.
Electric servos for steering wheels use safety critical code, with lot of safety checks, and use direct drive. No need for silly patent for common sense out of the United States.
I'm not a mech engineer, i do code. I'm asking to learn and if you can prove me wrong by teaching something, yay.
So my original point was: it doesn't matter if you use direct drive or a transmission, as both will be controlled by software, and ultimately the safety of that software will determine whether the System is safe overall. The same design principles and safeguards will need to be implemented in both cases to provide the needed integrity.
But I doubt there are any patents on this. I guess it would be illogical to demand vendors to use patents by someone. But there are lots safety regulations on the topic.