The United States Patent Office - US PTO has developed a reputation for refusing applications directed to "Cold Fusion" technology. Past practices of the US PTO, which will be reviewed based on a published employee grievance hearing, have shown that some staff members have been hostile to granting patents in this field. However personal exchanges held with the US PTO in the fall of 2012 indicated that the US PTO
will issue properly drafted patents which are directed to new technology in the field of Cold Fusion/generation-of-unexplained-excess-energy if accompanied by a proper disclosure and a demonstration that the asserted procedures will work as represented.
With the US PTO receiving over one half million applications a year, Examiners do not customarily require applicants to file proof that their alleged invention will work as represented. However, the US PTO has classified Cold Fusion and LENR technology in the same category as "perpetual motion". These are considered to be cases where there is doubt that the alleged invention will work. In these fields Examiners are expected to require applicants to demonstrate that the alleged invention actually works. To impose this requirement the Examiner must establish a basis for a legitimate doubt in a communication to the applicant before requiring applicants to provide proof of operability. Unfortunately, Examiners faced with Cold Fusion applications have in many instances used excessively negative and inflammatory language regarding the history of Cold Fusion science in attempting to place such a doubt on record.
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