The US New Patent Law: March 16, 2013

Library David standing IMG_1798The following is a further posting in a series of articles by David French, a patent attorney with 35 years experience, which will review issues of interest touching on the field of Cold Fusion.

I have been hesitating posting on advances in ColdFusion – LENR because I am still in learning mode as to what is going on. But a new topic has come up in which I do feel I have some strength. Key amendments to the US Patent Law signed by President Obama on September 16, 2010 will come into effect on March 16, 2012. This posting is to provide guidance to those who fear that some kind of revolution or collapse is likely to occur.

These US Patent Law amendments are often represented as a change from a first-to-invent to a first-to-file system for handling conflicting filings. This is part of the truth. However this feature in itself is not going to affect most patent applicants. First-to-file has been the law in Europe for essentially 100 years. Canada adopted this style of law in 1989. Not much changed in Canada after the transition. Conflicts occur in less than 1% of filings, significantly less, in both countries.

Of greater significance will be the standard of world-wide novelty tied to the filing date. Applications filed at the US Patent Office before March 16, 2012 will only be valid if directed to things:

1. Not described a printed publication issuing anywhere in the world
2. Not in public use in the United States, and
3. Not on sale in the United States

Such event must not have occurred before the inventor’s date of invention and certainly for not more than one year before the US filing date.

Under the new law, patent filings will only be valid if directed to things not previously “made available to the public” anywhere in the world, in any manner whatsoever, before the applicant establishes a patent filing date describing how to build what they have invented. This type of patenting requirement is called “Absolute World Novelty”. In terms of newness, your idea will have to be pristine on the planet Earth in order to obtain a patent.

Under the previous system inventors were misinformed if they thought that merely thinking of an idea reserved their right to obtain a patent for a year. Only inventors who communicated to someone else a complete idea with a disclosure that would allow the idea to be put into effect qualified as having conceived an invention. And then you had to follow-up expeditiously to either build a prototype or file a patent application. These requirements were traps in the old system, now to be left behind, that many innocent inventors did not appreciate.

In place will be the new requirement that you have to make your disclosure in a patent filing. Once this understanding is established, inventors will be far more likely to base their patent applications on written documents that will support truly valid patent rights. The new system will require inventors to sit-down and figure out what it is exactly that they want to patent. For $175 they will be able to place a Provisional application on file at the US Patent Office, reserving their right to file a better and more elaborate “story” within the following year. Once the final patent application is filed by the end of that year, the “story” will be frozen. Therefore inventors should understand that they had better get it right, and they only have a year to do so.

Here is a good practice procedure for inventors to follow. Plan on using a patent attorney. Even if you prepare and file an initial application yourself, please consult with one to make sure that you are not wasting your time and to ensure that you have someone to fall-back upon when you need to do the final document.

Search, search, search to determine the feature of your idea that is new. You always patent a feature that must be new even though it is described as being part of a machine or process or article. The critical feature is the difference that makes your idea new. You need to know what has been done before so you do not waste time and money trying to patent something that cannot be patented. Even if you manage to get by the patent Examiner, your patent will be invalid if it fails to address something that is new.

Furthermore, that difference which makes it new should make a difference in terms of the relevance of your invention. This is not a topic your patent agent will raise with you on his/her own initiative. It is up to you to decide whether your idea has market value. It is up to you to find out whether your potential patent rights will be worth the $10,000 – $20,000 you will be spending on them. Your patent will have no value if your invention does not succeed.

Once you have the search results, if you think you have a feature that is new, write the whole story of how to build something that works that includes that feature. There is no harm writing it in the form of a patent disclosure, although that is not essential to make a US Provisional filing. But the template recommended by the US Patent Office for a patent disclosure will get you focused on only writing things that are relevant to getting a patent. Do not promote your ideas as being better; do not make promises that are not needed.

You only have to describe how to build something that works so others can do so later when the patent expires. If you are filing for a Cold Fusion invention, the Examiner will ask you to prove that your invention works and that your disclosure is sufficient. And you must ensure that there is a feature present in what you have described that makes the overall process or article or machine new. File that write-up as a Provisional application at the US Patent Office; cost: $175.

Now do something that may hurt. Send that written description to a professional Searcher and have them do a search. This could cost reasonably $800- $1000 dollars for an invention that is not too complicated. If you use your attorney, they will add another thousand dollars to interpret the results of the search. But either way, you should read the results of the search very carefully. The search will have succeeded if it locates a disclosure of your not-so novel idea. You want all the bad news to come out now, at the beginning. But if you do receive bad news, it is not over.

Read all the references that the Searcher produces. Every prior inventor is a mentor and coach available to provide guidance to subsequent inventors. Understand what they thought was new and useful in your field. Think about your idea and how to modify it. There is no invention that cannot be modified. And if you are lucky, you can modify your invention both to make it better and to focus it on a different novel aspect that does have a prospect of being patented.

If you carry-out this process carefully you will understand your invention better and almost certainly will have some further good ideas. Re-file another application, at the cost of another $175. Every time you think of a really good new idea re-file the application adding the idea to the prior document. There are many cases where applicants have filed 20 and 30 times during the year following the initial filing. This is what Randell Mills does. Then at the end of the year pull everything together into one document that you take to your patent attorney, with two months to go, and work with your patent attorney to do the final filing papers.

Once the final application is on file, there is nothing more the inventor can do to improve that filing. Further filings will be possible, but they will have to address different ideas. You have to get it right in that first year; it will be your last chance for the basic idea.

That is enough guidance on understanding how to respond to the new US Patent Law. Many many inventors waste a lot of money on patents, and on inventions that are never going to pay-off. But if you learn to understand the basics, hardly more than what is set out in this post, you will be well on the road to both making inventions that count and obtaining patent rights that can potentially be very profitable.

Edmund Storms on The Space Show: “This is the most ideal energy you could possibly imagine”

32-year veteran of Los Alamos National Lab and long-time cold fusion researcher now with Kiva Labs, Dr. Edmund Storms joined Dr. David Livingston on the The Space Show, an Internet audio program that focuses on issues relating to space exploration.

Their conversation held January 18 can be accessed here: [download .mp3] [49M]

Storms gives an update on LENR, and what developments we might expect in the field this year.

For his most recent papers and videos, visit Edmund Storms’ page.

Economics of Cold Fusion LENR Power part three US Nuclear Regulatory… end of U238

I AM

4 Clean Low Energy Nuclear Economics… Economics of Cold Fusion LENR Power – part three – US Nuclear Regulatory

Part Four will follow shortly. U238 Nuclear is Ugly and Deep. Part Four will be Devastatingly Clear.

Truth be told, I started this series ‘Economics of Cold Fusion’ on a high note with the DoE. (link) Following it, the DoD was devastating. (article) The burden of ‘Energizing the Warfighter’ hit home and my heart wept with ‘blood-not-dollars’ as a military measurement of the cost of fuel. “Energize the Warfighter” (pdf)

As depression nibbled at my toes, I realized that everyone is experiencing the same heavy heart when living with a shortage of energy and money and love, face it… (energy=money=love).

The wave of compassion that washed over me left me giddy, I laughed, I cried… then I glimpsed our manic depressive side… and smiled. From the top of my head, and through and through, I knew that there is an abundance of energy all around us (never lost always changing form)(physics 101). There is more than enough energy, money, love, and sustenance for the most of everyone (otherwise we never would have made it even this far). This thought, this realization, is keyed to our sociobiology, our evolution. Our strong survival instinct is now evolving to include each of each other and all life on the planet as a whole. Evolution Through Cold Fusion (article)

As king of the skeptics (on par with NASA), I realize and have witnessed the power of belief and faith… as that which moves us beyond our ‘present predicament’; which is usually based upon false suppositions (often held in place by ourselves or others).

Is the world flat… No. Can we fly… Yes. Simple as that… reality changes. I believe the world is round… and have the faith to prove it so. I believe we can fly (birds and bees do it) and have the faith, and perseverance, and then we finally proved it to be so. Humans can fly. (period and undoubtably so) Such is the strength of belief and faith; strong medicine… good medicine…  if you can brew it properly, in truth and with science.

  • The greatest thing about the economics of cold fusion LENR power is that it is cheap, really… really… really… cheap, cheap, cheap! It will quickly replace all sources of energy; because cold fusion LENR makes them unprofitable. Economics proves that a superior product at a fraction of the cost kills all competition, quickly.
  • The second greatest thing about cold fusion comes in two parts:
  • 1) LENR power is ultra, ultra-clean.
  • 2) It replaces the industries which desecrate our planet the most (carbon and uranium fuels).
  • The third greatest thing about cold fusion LENR power is:
  • It energizes the battle to save the Earth;
  • Which will be won through environmental restoration projects undertaken on a scale never seen before. “Money enough left over to conserve rather than money to burn”
  • Nice ring to it, wouldn’t you agree. Say it ain’t so… why would you?

 

The NRC, upon petition from multiple anti-nuclear groups, was instructed by court order to stop reviews of any and all new nuclear applications pending what they are calling a “waste confidence rule making.”  With no permanent solution to spent fuel in the works, the Court found that earlier reviews by the NRC of temporary storage methods (and 60 years of experience) were now inadequate.

Read more: http://www.americanthinker.com/2012/10/obamas_war_on_nuclear_power.html#ixzz29AzxiLli

Existing nuclear reactors need uranium to make electricity.  In 2011, U.S. nuclear plants needed about 55 million pounds of “yellowcake,” as uranium ore concentrates (largely U3O8) are known in the trade.  Ninety-one percent of our yellowcake needs are imported, with domestic production of only 4 million pounds.  However, don’t expect the Obama administration to do anything positive for our energy independence re: uranium.  In fact, last January, Secretary of the Interior Ken Salazar declared a million acres of the Colorado Plateau around the Grand Canyon as off-limits to new production permits for twenty years.  This contains some of the richest uranium prospects in the country and is a traditional uranium mining district within the U.S., with eleven mines already in production.  An earlier study suggested that the ban would prevent as many as thirty new uranium mines from being developed in the area.

From one end of the nuclear power process (uranium mining) to the other (waste disposal), and throughout the sensitive stages in between (financing, licensing, and upgrading), the Obama administration has made decisions that retard the production of nuclear power, hurt our balance of payments, and increase the cost of electricity.  Like the administration’s war on coal and their opposition to fracking, their disdain for cheap, plentiful energy for the American economy ultimately hurts the American people.

Any country that develops nuclear power is in line for a nuclear weapons production program.

Obama tells U.N.: Nuclear Iran poses existential threat to Israel September 25, 2012

http://www.jta.org/news/article/2012/09/25/3107926/obama-nuclear-iran-poses-existential-threat-to-israel Jewish Telegraphic Agency JTA- The Global News Service

President Obama told the United Nations that “containment” of a nuclear Iran is not an option and it would pose an existential threat to Israel.

Romney campaign: Russia’s withdrawal from Nunn-Lugar another example of Obama’s failed reset policy

Posted By Josh Rogin  Thursday, October 11, 2012 – 11:27 AM

Russia’s announcement Wednesday that it will not participate in the Nunn-Lugar program to reduce the threat of loose nuclear materials is a slap in the face to President Barack Obama‘s effort to make arms control a feature of his “reset” policy with Russia, two top advisors to Mitt Romney said Thursday.

The New York Times described Moscow’s move to end the 20 year, $8 billion program, started in 1993 by Sens. Sam Nunn (D-GA) and Richard Lugar (R-IN), to secure loose nukes in Russia and decommission old Russian military inventories as “a potentially grave setback in the already fraying relationship between the former cold war enemies.”

“The Nunn-Lugar scorecard now totals 7,610 strategic nuclear warheads deactivated, 902 intercontinental ballistic missiles (ICBMs) destroyed, 498 ICBM silos eliminated, 191 ICBM mobile launchers destroyed, 155 bombers eliminated, 906 nuclear air-to-surface missiles (ASMs) destroyed, 492 SLBM launchers eliminated, 684 submarine launched ballistic missiles (SLBMs) eliminated, 33 nuclear submarines capable of launching ballistic missiles destroyed, 194 nuclear test tunnels eliminated, 3192.3 metric tons of Russian and Albanian chemical weapons agent destroyed, 590 nuclear weapons transport train shipments secured, security at 24 nuclear weapons storage sites upgraded, 39 biological threat monitoring stations built and equipped,” the statement read. “Perhaps most importantly, Ukraine, Kazakhstan, and Belarus are nuclear weapons free as a result of cooperative efforts under the Nunn-Lugar program. Those countries were the third, fourth and eighth largest nuclear weapons powers in the world.”

http://thecable.foreignpolicy.com/posts/2012/10/11/romney_campaign_russia_s_withdrawal_from_nunn_lugar_another_example_of_obama_s_fail  FOREIGN POLICY IS PUBLISHED BY THE FP GROUP, A DIVISION OF THE WASHINGTON POST COMPANY http://uraniuminvestingnews.com/12783/nuclear-power-united-states-energy-policies-romney-obama-election.html

Obama put the project on ice in 2010, appointing the Blue Ribbon Commission on America’s Nuclear Future to develop recommendations for creating a safe, long-term solution to nuclear waste management and storage. The Commission delivered its final report in January of this year, calling for the creation of a federal agency aimed at soliciting and evaluating voluntary proposals from states interested in hosting nuclear disposal areas. The idea is similar to what Romney proposed in October 2011 and would involve states offering disposal sites in exchange for monetary compensation.

What next?

The freeze on new reactor approvals hasn’t stopped the Obama administration from pushing forward on nuclear energy research and development. In late September, the US Department of Energy announced $13 million in funding for university-led nuclear innovation projects under the Nuclear Energy University Programs (NEUP). “The awards … build upon the Obama Administration’s broader efforts to promote a sustainable nuclear industry in the U.S. and cultivate the next generation of scientists and engineers,” the DOE press release states. The funding was awarded to research groups at the Georgia Institute of Technology, the University of Illinois at Urbana-Champaign and the University of Tennessee.

Costs of Decommissioning Nuclear Power Plants: A Report on Recent International Estimates.

http://www.iaea.org/Publications/Magazines/Bulletin/Bull323/32304783942.pdf

Costs of decommissioning are spread over a wide range, from US $130 million to $477 million. The decommissioning costs from developing countries, which resulted from the IAEA survey, show that Czechoslovakia, India, Indonesia, the Republic of Korea, Poland, and Yugoslavia assumed undiscounted decommissioning costs of US $60 million to $163 million. Details on the decommissioning option or stage were not provided for this study; which may explain the cost divergence. Brazil, China, Hungary, and Turkey did not make their own assumptions on decommissioning. For these countries, the study assumed that 10% of the construction or capital cost will provide adequate coverage for decommissioning, the total cost ranging from US $124 million to $235 million.

POETS CORNER What?

SO! Absolutely what. Maybe, Just but… not. Ya say so. Anyway it’s… Which way,,, What? OH…  Oh Yeah… That way. What the heck… Where the heavens’ gate are we… Going? Just between you and me, What is the best place? Or Way? Greed or NOT? What the … Find You!! I guess. Hope so. Over that is a way! YES!! Let’s GO. Hope it’s so. Yo!! and Yo!! Watch your step… all together. Which A-aways? Oh — NO Yeah… over it’s.s.s.s… hear… this… there. OK? AOK. ALL’s  Good. Yeah. ThanksPraisegbgoble13

run on reaction poetry

kindness still lives so ordinary yet the health heart think kindness still lives run on reaction poetry
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David Nagel at GlobalBEM: “A new workforce will be needed for LENR”

Sorry video is now Private……….

In lieu of that, please check out David J. Nagel‘s video of his presentation at ICCF-17 here.

Credit Lenrnews.eu for finding and posting the new David J. Nagel preview video of his talk at the Global Breakthrough Energy Movement Conference entitled “A New Workforce Will Be Needed For LENR”.

NUCATDavid J. Nagel is a Research Professor at George Washington University in Washington, D.C. and former Navy scientist who has championed low-energy nuclear reactions (LENR) through both experimental research and education. He started NUCAT Energy to hold workshops for industry, academia, and agencies interested in learning about the history and science of LENR, as well as the imminent technology that is now being engineered by a handful of independent small-labs that will utilize the hydrogen in water to make ultra-clean, next-generation nuclear power.

He has been interviewed by James Martinez on Cold Fusion Radio several times. Get audio and excerpts from the most recent interview here in LENR global impact will be historic and A reasoned approach to funding.

David J. Nagel is also part of the list of professors at U.S. schools with cold fusion-friendly faculty.

Read New Energy Movement board member Jeane Manning‘s report on the conference here.


LENRnews.eu Homepage

New Energy Movement Homepage

John Varney: Small-scale fusion power is “a matter of absolute urgency”

John W VarneyJohn Varney describes an energy transition plan away from fossil fuels and towards clean, small-scale fusion and shares his designs for a Dense Plasma Focus (DPF) reactor and applications that could radically transform power generation for transportation, solutions impossible with chemical energies, but mandatory for a green technological human future.

DPF is not cold fusion, but a produces power by focusing multiple streams of plasma together in super-high-temperature pulses. Fusing protons with boron nuclei in the concentrated plasma pulse point is aneutronic, a reaction producing no neutrons. Research in small-scale production of this kind was reported here in The Alternate Path to a Cleaner, Brighter Future by zed short.

Emergence from Chaos, a shining new Order
The world cries out for urgent action by governments, industry, academia and yes, the media, to focus with determination, resolve and cohesion, on refining and mass producing equipment incorporating technologies [some of which are already proven in research laboratories] that will provide vehicle propulsion [on land, sea, air and space] and power generation with compact, efficient, safe, clean and low cost units that will replace all fossil fuels and nuclear [fission] fuel within a decade.

The redundant nuclear weapons, nuclear power plants in power stations and in naval ships [both surface and submarine vessels] will be deactivated [decommissioned], dismantled, decontaminated and the fissile material placed in adequately shielded containers for temporary storage.

We can now accept the reality, that a dawn of enlightened progress, can now begin its delivery to the global village.

Various forms of controlled plasma streams, [the Hydrino plasma, LENR and LANR plasmas and the emerging technology of nuclear fusion via the Dense Plasma Focus Device] herald a transformation of global industry toward a non-polluting regime that may not only introduce direct electrical power generation from these plasmas, but also apply them [via direct injection] to turbo-machinery and to the existing furnaces of fossil fired power plant [where the fossil fuel supply systems, the ash collection systems and the flue gas treatment systems, are all deactivated and removed].

This strategy will ensure that recent and ongoing massive worldwide investment in fossil fired power plant can be relatively easily upgraded to plasma power plant [salvaging the major portions of the existing plant and speeding up the conversion down time].

All internal combustion engines presently powering aircraft, ships, yachts, trains and all road vehicles will, within the decade be replaced with alternative electric power plants that do not involve the combustion process and thus do not in any way contribute to global warming and climate change.

IMAGES ON TOMORROW’S RADAR

Varney Global Fast Ferry

Varney Supersonic Jet

Varney Freighter Space Plane

With the need to have a plan for steady growth, a cleaner environment and time urgent action to control the degree of calamity from climate change, this technology is achievable with a transparent and committed international project that is planned and implemented immediately.

It will not only foster international trust and co-operation, but will trigger an enormous, diverse, healthy and clean industrial revolution that will represent a huge step in global cohesion and enlightenment.

The more recent strategy, embracing nuclear fusion [via the DPF reactor system] reveals the direct conversion of an extreme high temperature plasma to electrical power avoiding the elaborate and expensive thermal system that is traditional in power generation and propulsion. This strategy is called the Varney Protocol and the following associated documents outline the DPF reactor and its application to the market place.

The Varney Protocol – Summary

The Varney Protocol – An illustrated pressurized DPF reactor system

Prime objective, project set-up and funding framework [for first phase of prototype experimentation]

Removal from earth of all nuclear weapons and fissile material

Space-plane details & flight plan analysis

Both national and local governments, all the major corporations [Rolls-Royce, Siemens, General Electric, Airbus, Boeing and NASA] have received the listed documents and refuse to discuss the material, despite the fact that all oil, gas and coal fired power generating plants [in fact all power plants incorporating the combustion process] will be decommissioned, decontaminated and dismantled within the decade.

Why have today’s industrial societies been totally absent in planning and implementing such an all-important, urgent and necessary strategy?

I-40-Arizona-Sunset-on-Fossil-Fuel-PowerThe simple and tragic reason is that these important decisions are not made by politicians, they are made by a secretive, wealthy, powerful and ruthless cabal that represents [what President Eisenhower had originally coined] the military/industrial complex that informs sitting heads of governments, what strategies will be implemented. These strategies will meet with their requirements for widespread weapons production [for global sales] and extensive “Black budgets” that enable development and control of technologies that are perhaps a century in advance of technologies that are available to the rest of civilization.

Should this “cabal” practice transparency, a sincere sense of service to the worlds citizens and true compassion for the billions suffering from starvation, failing health, general poverty and exploitation [by the corporate world], they would ensure that all technologies [energy, transport systems] that would arrest global warming, promote a higher and healthier standard of living for everyone would be made available to every corner of the globe as a matter of absolute urgency.

Sometimes silence is golden.

Sometimes silence can be deadly if it equates to maintaining the status quo in regard to the use of fossil and nuclear fission fuels [and the existence of nuclear weapons with delivery systems].

From Transformation Protocol Canada, “We have a great opportunity, at this moment, to exercise faith in our collective scientific and technological capabilities, to leapfrog the more modest, methodical and comfortable research programs that are now in operation, to secure for our children and grand-children, a real opportunity to thrive in a world that can recover from the devastation that our collective stupidity has brought upon them.”

For this to happen in the short period of time available to us [before global warming and climate change proceeds to the condition that humanity can no longer control the deterioration of the environment from dooming are future existence], we must unite our efforts with the many experts and specialists able to transform this conceptual design into a practical reality.

It can be done and it must be done now, before we fall asleep in comfortable denial of the dire, global predicament.

The previously posted article Transformation Protocol Canada reveals a strategy to harness a variety of cold fusion plasmas by the injection into gas turbine systems, where a plasma-air mix chamber replaces the traditional combustion chamber and thus achieves a transformation from combustion. However this strategy involves the pressurization of the plasma process.

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