I am a US patent attorney, and I'd like to shed light on some of the misconceptions apparent in Mr. Mills statement regarding US patent rights. My comments are in no way intended to malign Mr. Rossi's efforts; rather, I'm excited by his technology and sincerely hope it works.
According to Mr. Mill's statement, it appears that Rossi has at least one pending, non-published US patent application on file at the USPTO. I surmise that Rossi chose to file a non-publication request with the USPTO in order to keep the content of his application non-public until and unless a patent issues. Indeed, filing a non-publication request is a reasonable choice for many inventors, and it makes perfect sense for Rossi's E-Cat.
Rossi's decision to delay publicly using, selling, demonstrating, or otherwise disclosing the E-Cat are not supported or induced in any way by the Patent Office or by Mr. Mill's reasoning. First, since a patent application is already on file that presumably describes and claims the "heart" of the E-Cat technology, there can be no harm to, or loss of, patent rights by publicly disclosing the E-Cat today. Sure, someone can copy it, but Rossi will have an enforceable patent right (in the US) against the copier the day the patent issues. Moreover, to the extent that someone physically copies his device, that person would arguably be a "willful" infringer of the patent and likely subject to an injunction and triple money damages. Rossi's scenario in these legal and business respects is absolutely ordinary. Simply put, once you have an application on file, you are generally free to disclose the invention. Often, as would be the case here, post-filing disclosure is not only possible, but highly advantageous.
Second, for any invention of value, every engineer understands that there is no reliable " self-destruct " mechanism. There simply is no mechanism that can withstand the resources of large business or government agencies.
Third, since such a mechanism is presumably not already described in a pending patent application, Rossi would need to file another application to seek protection on the E-Cat + mechanism, thereby further delaying (for years) bringing the technology to market.
Fourth, all patent rights are territorial by nature. A US patent only confers a right to exclude in the US. Every other patent right in existence is the same. Unless there is a Chinese patent on file, no amount of patent protection outside of China will do Rossi any good. Moreover, since a Chinese patent application would, like its US counterpart, describe the E-Cat in detail, the mere act of filing a Chinese patent would disclose the invention to the Chinese. China, while communist, is also corporatist. It would be a matter of hours before top Chinese companies had their hands on the patent application. In short, it's sheer folly to withhold the E-Cat based on what the Chinese will or will not do.
My comments are of course general in nature and in no way constitute legal advice. That being said, I hope they are helpful.
Regards