Yes, you are right. The US changed from the first to invent to the first to file under Clinton. I disagree with the idea (then and now) but it what we are under now.
I do not know what his "secret" is, so I do not know if he is "safe" or not. There is a lot of information out there about, dynamic flux of H, Ni and H, small particles, zeolites, silicates, zirconium oxide, nanoparticles, ......... so those are not directly patentable..... but again I don't know what he has. I also know you cannot patent the physical laws and natural processes in the US. For example, I don't think you could patent - say the proton capture by nickel. The things that would be patentable would likely be working at such and such pressure, such and such temperatures, materials with specific composition, methods of control........ The question then becomes what conditions are required and which are not and if there are alternative routes to achieve the same physical reactions. Dennis From: Jed Rothwell Sent: Friday, March 11, 2011 12:04 PM To: [email protected] Subject: Re: [Vo]:Rossi on-line Q&A posted I told he should make haste to file another patent because if someone else finds the secret they will file a patent before him. He said that if someone else files a patent that patent would be invalid because he has already discovered the secret. I do not know much about patent laws but I believe he is wrong about that. At least in the US it does not matter whether you are the second or third person to discover something as long as you are the first to file patent. If you steal the idea from the discoverer your claim would be invalid, but I believe if you independently discover it you can get a patent. there is enough information about Rossi device out there that someone may independently discovered. I do not think it would take 1000 Iterations, which is how many Rossi says it took. (I assume those are round numbers, and they include many minor variations done rapidly.) Even if it does, there are plenty of organizations who could assign 100 people to the job and have each of them do 10 iterations in a reasonably short time. - Jed
