Rossi would not need a Patent to Sell E-cats in the USA

An interesting point that some observers seem to be missing is that Andrea Rossi would not need a patent to sell his e-cat cold fusion devices in the United States. It is a fairly common practice in the US to sell items marked patent pending that means you have applied for a patent but have not been granted one.

Since Rossi appears to have a working cold fusion device, he could start selling right now. Indeed he has announced that he and his unnamed US partner plan to start leasing the E-cats for industrial purposes in November. They plan to unveil and test a one megawatt version of the technology in October.

An interesting point here is that it would be to Rossi’s advantage to get to market with a working cold fusion process first even if he does not have a patent. If there were dozens or hundreds of such devices up and running he would have a much better case for a patent application. Rossi already has a patent in Italy so he has some legal protection.

Having enough money to hire a first rate team of attorneys to protect his interests will do Rossi far more good than a patent. He could get that money and a lot more by selling e-cats and raising venture capital.

It should be noted here that it would also possible for Rossi’s competitors such as Defkalion and Brillioun to sell cold fusion technology in the US without patents as well. Therefore we could be paying entirely too much attention to the patent and not enough to the device itself.

If you want to know why the US patent process takes so long look at this simplified diagram of it.

5 Responses to Rossi would not need a Patent to Sell E-cats in the USA

  • Yes I agree the patenting process does take quite awhile and anyone can offer for sale any invention without first applying for a US Patent. The provisional does give an inventor the advantage of marking the product patent pending without being issued a US patent at that point. In a provisional no claims are required giving the inventor an opportunity to refine his or her product.

    However by selling a product like this prior to a US patent issuing the inventor takes the risk of many others purchasing the product simply to advance the art into a legitimate and profitable product patent. The original inventor has the concept but not reduced to practice. It’s like investing money into a nice car when no-one can title it so no-one makes money and the product is stopped before it gets off the ground monitarily speaking.

    None of this logically fit’s, It seems Rossi and the rest are currently developing the product. I am very hopefull the LENR projects actually come to reality because we need them so bad right now, but; this LENR seems to be many peoples direction and is it that we need energy so bad we are again going to accept a non tested nuclear product without knowing the consequences to other life forms on a long term scale?

    I am not against this in any way but the events regarding this new art form (LENR) in a product just do not run consistant with any good manufacturing processes. Like someone setting up a buisness that polutes your neighborhood with toxic filth and no legal paperwork in hand.

    • jennifer says:

      Interestingly enough there would be some legal logic to manufacturing or selling a product without a patent. The process is done all the time. You’re right. Of course, having a patent does not guarantee ownership of an idea or profiting from. It simply you the legal right to defend your ownership of an idea in court. Note people are making money off the patent pending. An interesting point could be that having an Italian patent is the same as having a patent pending in the US. It may also possible to defend an Italian patent in a US court. I remember a few years ago that Phillips a Dutch company with a European patent successfully challenged TVos patents in US courts and won.

  • From one viewpoint of this Rossi E-Cat-home energy reactor in product form, it seems to be a “new” invention. This invention is derived from a science of extracting heat energy using a nuclear reaction. The science and not the art in product form needs to be explained, and as of yet to emerge from sites and information available is a scientific formula that explains what is happening to create this reaction and what is sustaining it at safe levels, claimed by many.

    In other words this e-cat product claimed by Rossi has not been explained or as of now completely understood as to what is actually happening to get heat. It is a new product in a new and not understood artform.

    In history there are examples of this scenario and I would be interested to read a post or some material available regarding the “brand new” products from a “newly discovered proccess” that for now is vaguely understood by a small group of scientists.

  • Thanks for making this site informative and I enjoy stretching the brain out here, thanks jennifer keep digging up e-cat info and I hope someday thousands will be on this site.

    What legal logic could you reference regarding manufacturing or selling a product without a patent? China does that when they send a boatload of products without patents made somewhat like but much less costly and many times less usage than a name brand product they are replecating.

    A patent pending is the first step in the patenting process and allows protection while perfecting the assembly process to an invention. Rossi has no product at this time but he did file for a US patent in January 13,2011 on a process and device. There is no information on either the device or the process written within that patent application that will allow a US patent to be granted.

    here is the link I found the application on, .

    Anyway if Rossi has a product that will work eventually it will be sad to see him run over by people that can to get his technology. This is a big money field and Rossi needs to be very smart at what he does. Once your invention is worth millions and if his works trillions your life becomes less valuable than what it would cost to permanently make you not want to say one more word about your invention. I am not a conspiracy theory person but I have talked this subject over with people in the invention field that are concerned for him and say he needs to be very smart in how and when his machine works.

  • John De Herrera says:

    In mid October there will be an announcement and demonstration of the Andrea Rossi and Sergio Focardi Energy Catalyzer (e-Cat), nickel-hydrogen reactor capable of producing thermal energy. The e-Cat is an advanced model of the ‘Cold Fusion’ reactor introduced by Stanley Pons and Martin Fleischmann in 1989. At the e-Cat demonstration, input and output measurements will be made by top world class scientists to confirm that the Rossi Energy Catalyzer is producing substantial amounts of energy and that a new era of clean safe energy has begun.