Clean energy and fusion patents

What can be protected

• Fuel cells and electrolyzersMembranes, catalysts, electrode assemblies, stack design and operating methods. See hydrogen patent strategy.
• Clean hydrogen productionElectrolysis, new production routes, and the systems that make them efficient at scale.
• Batteries and energy storageElectrode and electrolyte materials, including conducting polymers, cell design and manufacturing.
• FusionPlasma confinement and heating, components, diagnostics and the control systems that run them.
• Materials and processesNew compositions and the methods used to make them. See advanced materials patents.

Where patents in this field go wrong

1. Claims broader than the data

   Ranges for compositions, loadings or operating conditions need support across the range. Claims that reach far beyond the examples invite rejection and later challenge.

2. Patenting what you cannot police

   Manufacturing steps that leave no trace in the product are hard to enforce. Some are better kept as trade secrets.

3. Overlooking funding terms

   Government grants and sponsored research carry obligations on reporting and ownership. They need to be handled from the first disclosure.

4. Filing too late for the market

   Energy systems take years to commercialize, but competitors file early. A filing plan should track both the research timeline and where products will be built and sold.

Building an energy portfolio

1. Materials and components

   Membranes, catalysts and electrodes often carry the core performance advantage and anchor the first filings.

2. Systems and integration

   Stack design, thermal and water management, and balance of plant reach the companies that build complete systems.

3. Operating methods

   Control strategies that improve efficiency or durability can be claimed as methods and are often visible in a product’s behavior.

4. Manufacturing

   Decide case by case whether a production method is better patented or kept as a trade secret.

How I work

I work through the chemistry and physics with your engineers first, then decide with you what to patent, what to keep confidential, and where to file. See how I work.

Representative experience

Matters are described in general terms to protect client confidentiality.

• Patent prosecution counsel for a company developing fuel cell membranes
• Patent prosecution counsel for a company developing clean hydrogen production technology
• Patent prosecution counsel for a company developing novel fusion technology

Questions

Should we patent a manufacturing process or keep it secret?

If a competitor’s use of the process would be hard to detect in their product, a trade secret may protect it better and for longer. If the process leaves measurable traces, such as a membrane structure or catalyst composition, a patent is often the stronger choice.

Our work is funded by a government grant. Does that affect our patents?

It can. Federally funded inventions come with reporting duties and leave the government a license, and some programs add their own rules on ownership and manufacturing. These obligations should be tracked from the first invention disclosure, because missing them can put rights at risk.

How much data do we need before filing on a new material or catalyst?

Enough to show the invention works across the range you claim. After the Supreme Court’s 2023 decision in Amgen v. Sanofi, broad claims need broad support. A provisional application can secure a date while more data comes in.

Can a fusion company patent a reactor concept before building it?

Yes, if the application explains how to make and use it in enough detail for a skilled engineer, with reasonable support from modeling or experiments. Concepts that are not yet enabled risk rejection or later challenge.

Is there a faster way to get an energy patent examined?

Prioritized examination (Track One) is available for any technology for an additional fee and aims for a final decision within about a year.