Patent Attorney Says Nobody Will Control Cold Fusion

An attorney with a lot of experience in patents and intellectual property has finally weighed in on the cold fusion patent issue. David J. French spoke to James Martinez at the Cash Flow radio show during its September 6 broadcast. Some details were also made available at the Cold Fusion Now Blog.

David J. French

French has about 35 years experience in intellectual property law and he runs his own practice and consulting company in Ottawa, Ontario, Canada, called Second Counsel Services. French told Martinez that he thinks that is unlikely that single company will control cold fusion patents. “I don’t know that there will be a controlling patent that will issue for cold fusion.”

“I do have confidence that the Patent Office will issue a patent for something which is directed to cold fusion if the correct procedures are followed,” French told Martinez.

French also noted that a patent and a trade secret are two completely different things. “A trade secret is totally incompatible with a patent,” he noted. “The purpose of a patent is to encourage you to tell the whole story after the patent expires. You cannot have both a trade secret and a patent.”

This could be why Andrea Rossi has had a hard time getting a US patent for his e-cat. He wants to keep some of its details such as the catalyst for his fusion process secret. Rossi would have to divulge those details to the US patent office.

French said he had worked with some people in the cold fusion field but couldn’t reveal their names because of attorney client privilege. French did note that Francessco Piantelli who worked with Focardi on nickel hydrogen cold fusion in the early 1990s has as patent pending for a PCT cold fusion system similar to e-cat. French has also written a review of Cold Fusion Patents for Cold Fusion now.

13 Responses to Patent Attorney Says Nobody Will Control Cold Fusion

  • Brad Arnold says:

    As a recent LENR conference said: skip theorizing and go directly to engineering and marketing. Thank you Mr French.

    By the way: Ni+H+K2CO3(heated under pressure)=Cu+lots of heat. Here is a detailed description of the device and formula from a US government contract:

  • John De Herrera says:

    One way for Rossi to maintain secrecy on the e-Cat is to enclose the unit in a box and seal the enclosure. He could also apply seal stickers’ that would reveal when someone has opened the box. Label the box ‘DO NOT OPEN’. Then the manufacturer/distributor can ‘lease’ the e-Cat and service the system. With this ‘sealed box’ he would maintain the secret ingredients of the e-Cat system while he awaits a US patent for protection.

    • jennifer says:

      That would only work if everybody were willing to follow the rules. Unfortunately people will break them. The do not open label would not stop an unscrupulous individual from getting his hands on the catalyst.

  • Keith Goreham says:


    Stickers aren’t going to stop anyone.

    The first thing any serious competitor would do is lease an E-Cat (or 10) using a front company, “lose” it and pay the penalties. Then take it apart piece by piece and figure out it’s secrets before handing that reverse engineering research to another front company that would develop their own copy of the tech.

    There is no way for Rossi to both have his cake and eat it too. Once the tech is out there, corps and hobbists will figure it out in a month or two. So he might as well spill the beans (if there are any) and get proper patent protection.

    • jennifer says:

      You’re absolutely right. There’s no Rossi could lease or sell the thing without somebody doing that. Note at some point government and insurance company safety experts will have to take e-cat apart and examine it for safety reasons. That information might be public record and would presumably be accessible by competitors as well. If e-cat is really being examined by NASA scientists they know its secrets too.

  • James Bowery says:

    “The purpose of a patent is to encourage you to tell the whole story after the patent expires.”

    That should be:

    “The purpose of a patent is to encourage you to tell the whole story in the patent disclosure.”

  • One short view from a mass spectrometer and every element will be known within minutes. No secrets at all after that regarding the elements inside the Rossi secret formula.

    The patent application Rossi filed within the US on or about January 13, 2011 does not have sufficient information for a patent to be issued within the US. The information on the technology has been written more than 20 years ago. Rossi disclosed the product more than one year ago in enough detail someone skilled in the art of the fusion proccess could have replicated the proccess by now “if” it worked in a device.

    The e-cat is out of the bag per se, example; you never file for your US patent before you have perfected your product (reduced to practice). You file for a provisional patent in the US first before filing for a patent. Anyway the point is that Mr. French as an IP attorney sees this from a Canadian perspective which the Canada Patent office must have the same rules as the US patent office.

    At least we have a professional that sees this in dollars and cents logic and experience. A patent is worth the effort if your product works perfectly, as your claims were written on. The Rossi logic for hiding secret elements is not becoming of a professional inventor nor is having a self destruct mechanism written in a patent.

    Bottom line is that everyone is going to jump into this LENR, just look at all the companies that have stated they have worked on the LENR projects since 1989. There are no available products working with this proccess at present but with the newly fired Rossi information I feel a product breakthrough will happen, there are to many people working on this and all are contending to have observed AE in the proccess when hydrogen is pressurized into the device.

  • It’s about the money unfortunately and not about the people who need a device to make steam or heat. Rossi is holding the world at bay by contending he has something operational that works and in reality this may become an Uderdog episode but I hope not.

    Rossi started out testing the inside elements out for himself years ago. AE seems to become evident after the hydrogen is introduced. A clean patent could have been written on his catalyst which is a seperate invention than the device that uses the process of heating his catalyst.

    What this leads a person to interpret who is very familuar with patents and inventors is that; “it is apparent that there is no working e-cats as of today, Sept 10,2011.”

    There have been many companies and individuals that have spent thousands of dollars in this research but have been reserved as business people and to not make statements prior to having a working invention or process.

    I do not intend to discredit Rossi, he may actually have come up with a catalyst and it could be a simple designed screen assembly process to make the products more reactive, but we don’t know that.

    But that’s the American Way to keep improving ourselves beyond a survivability viewpoint and to accelerate into the future where no man or woman has gone. And then produce the technology and expose it to all the people that need it until some reaction proves again that their are consequences by not following common sense.

    • jennifer says:

      It is interesting and rather confusing and it is about the money which pays for all this. It appears that there are working e-cats. What is unclear how well they work. It should also be noted that Brillion seems to have a working device as well. They just haven’t been as accommodating to the media. My guess is that it will take several years of work to get a practical e-cat that can be used as a reliable power source up and running.

  • Joannes Van den Bogaert says:

    To David J. French attorney,

    Dear Sir,

    For cold fusion look also at lapsed Belgian patents with publication numbers: (1) BE1002780(A7), (2) BE1002781(A6) and ((3) BE1003296(A6) dealing with nuclear fusion of deuterium absorbed in electroconductive metal particles that after loading with deuterium are contacted with an anode at high voltage to produce Coulomb explosion. Cerium is mentioned in (3) as electroconductive metal having same crystal structure as palladium. For “abstracts in English use

    A former European patent attorney.

  • Juju Man says:

    As solution to his monetization connundrum, since the product is bound to have more demand than even cell phones, he could just be better off licensing to as many manufacturers with means to quickly deploy within limited geographical distributions and offer them a percentage of damages awarded for infringement incidents they monitor. This enables him recruit a massive army of manufacturers to monetize and protect his invention, then he can freely issue his patent. It wont take long before infringement stops, and he buys a spaceship.

    OH BTW, what’s this talk of tens of KW? I want 1 GW!!!