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Legal:To Patent or Not to Patent a Free Energy Technology

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PES Network, Inc. and PESWiki are not authorized to dispense legal advice. 
The information contained herein is not presented as professional counsel,
but is presented as a resource for casual consideration.

Addressing the question of when to seek for a patent and when not to seek for a patent on "free energy" technology.

See also discussion page.


When to Patent

Patents are important and perhaps even crucial for most any key technology that is not game-changing. Most energy technologies fit this criteria.

Nevertheless, there are alternative routes to be considered even for these more benign technologies, which may allow for a more rapid development and dissemination of the technology than if the patent route is followed.

Why Patent?

Here are some reasons why one might want to get a patent:

  • Modern society has come to respect the patent as a sign of credibility.
  • Not having a patent can give the air of "maverick", which can distance mainstream avenues for advancing the technology toward successful marketplace penetration.
  • Most venture capitalists will not look at a technology that is not patented. The patent helps secure the "ownership" of the technology, increasing the likelihood of a return on investment without undue competition.
  • The patent acquisition process is a good way to learn what other technologies are close to yours, and to confirm that yours it indeed adequately unique to get a patent.

When not to Patent

"Revolutionary clean energy technologies (powerful, constant, portable, cheap) go up against long-entrenched and very powerful and brutal interests -- the same ones who have been engineering the subversion of the free world, bringing about the collapse of the pillars of freedom. Their ethics are of the ilk of Hitler. I'm talking not just about oil, but about those who are behind the scenes, controlling the money supplies of the world, having established the central banks and fiat money system. Their days are numbered, and this kind of technology represents a major tool by which the citizens of the world can break free of their control." -- Sterling D. Allan; March 15, 2009.

In the case of game-changing technologies, the patent route is riddled with problems:

  • Faces probable denial because it challenges the established scientific knowledge base.
  • Faces probable denial because of so many bogus free energy claims that have been submitted.
  • Serves as heads up to powers that be that you have a game-changing tech.
  • Can be silenced/quenched through guise of "national security". [1] [2] [3]
  • Can hamstring the rapid proliferation of implementation.

"Game Changing" Technology

A "game changing" technology is a disruptive technology that would change the energy landscape as well as the geopolitical power centers, literal and political.

Consider this maxim:

"When you're one step ahead of the crowd you're a genius. When you're two steps ahead, you're a crackpot." -- Rabbi Shlomo Riskin (Feb. 1998)

A brilliant technology that is "one step ahead" should probably be patented. A technology that is "two steps ahead" probably should not.

Other Routes

Open Source

Open sourcing instead of patenting is ideal for game-changing technologies that meet the following criteria:

  • Non-encumbered intellectual property
  • Key principle
  • Wide range of potential applications
  • Simple to build
  • Inexpensive to build

The plausible revenue centers for the inventor of an open sourced technology are:

  • Donations
  • Advertising revenue from site traffic
  • Sell well-formatted, clear, adequate plans in pdf for easy printout (e.g. through clickbank)
  • Sell kits
  • Consulting/advisory contracts
  • (Voluntary) license arrangements with manufacturers
  • Sell completed devices

Related Documents

  • Revenue Potential of Open Source Energy Projects - PES Network, Inc is glad to work with inventors to bring their technology forward via an open source method. We are confident that there are several revenue centers that can be tapped to make this path worth while.
  • Open Sourcing Free Energy Technology - Video of Sterling Allan's presentation at the Gnomedex conference in Seattle on Aug. 11, 2007 talking about screening the best technologies, and using the open source model to break the log jam on exotic, disruptive energy technologies.


  • We Don't Patent - "To continue inventing practical energy solutions, I make money immediately by selling books and kits, instead of spending thousands of dollars and years of time getting a patent." (George Wiseman; Eagle Research)

Documenting Prior Art

  • Documenting Prior Art - Resources available online and otherwise for documenting a date/time stamp on ideas. Possible resources include:, Google cache, YahooGroups, wiki history. (PESWiki)

Related Coverage

- I will not permit any human being to be deprived of live-giving technology by the profit motive.
- Any works that I patent I will make available to others who are engaged in humanitarian activity for free, except where this would breach other contractual responsibilities.
- I will not use patent law to slow the pace of innovation or service delivery to the needy under any circumstances.


See also

- Legal - index page
- PESWiki home page

PES Network, Inc. and PESWiki are not authorized to dispense legal advice. 
The information contained herein is not presented as professional counsel,
but is presented as a resource for casual consideration.
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