Why was David Hudson denied a US patent on his materials?

by Barry Carter

Why did the reviewers at the US Patent and Trademark Office (USPTO) throw out David Hudson's patent? In his lectures, Hudson claimed it was related to the issue of superconductivity. Also, in his lectures, he claimed that his "superconductors" do not really conduct electricity at all:

"Basically, the powder should allow the flow of current with no resistance if it is truly superconducting. This was attempted with a voltmeter and nothing happened"

--Denver Lecture

"When you understand that superconductors don't have to touch, okay, we're back to the science again. In electricity, the wires have to touch before electricity can flow from one wire to another wire, but superconductors can sit at a distance, and as long as they are in resonant harmony, and their Meissner fields touch, they are one. Because they flow light between them. So they act as one superconductor."

"So you can't hook up a wire here and a wire here to the superconductor and get current to flow in and out of the superconductor, because to get current to get off of the wire, you've got to have a voltage to get current on the wire, you got to have a little voltage and yet by definition a superconductor won't allow any voltage. So the material's a perfect insulator not a superconductor. But if you resonance frequency tune the wire so that the electrons vibrate at the same frequency as the superconductor, then the electrons will flow on as light, as electron pairs. They will pair up and flow on, because they're seeking the path of least resistance which is the superconductor."

--Dallas Lecture

It is clear from the statements above that David Hudson did not understand the conventional definition of superconductivity. According to this definition, a superconductor actually conducts electricity. It is not an insulator as Hudson claims. This has been demonstrated thousands of times in laboratory experiments where a wire is hooked to one end of a superconducting medium and electricity passes without resistive loss to the other end of the superconducting medium where it is conducted off by another wire hooked to the superconductor.

In his lectures, David Hudson said that he was not granted the US patent because he mentioned that his materials were superconductors and that superconductor research is automatically reviewed by the DOD. Here is Hudson's statement on this from his first Dallas lecture:

"Any patent involving superconductivity has to be approved by the Department of Defense before it can be issued. And they . . . You gotta understand the legality of the way it works. When I applied I told them I was going to apply world wide and they said fine. I didn't call it a superconductor. I described the Meissner field, I described flux flow, I showed the levitation, I did all these things and I only mentioned superconductivity in the closing paragraphs of my patent. I said it has udders, it gives milk, it has baby calves but I never called it a cow. (Laughter) Apparently the reviewer, when we notified him about three weeks before the end of our year, and somebody picked up the patent and read it again and said oh bologna this is superconductivity. Well the law says it has to go to the Department of Defense for approval before I can file world wide because it is strategically important. So it was sent to the Department of Defense. They refused to let me file world wide. I complained because by law I was supposed to have a six month appeal period. I said I must protect my date. The cold fusion people have come out with their information. Somebody's going to figure this out eventually and so they allowed me to file world wide over the objection of the Department of Defense. All right, it gets heavier though. The Department of Defense signed the ex head of physics from Princeton University, um, what's his name, it's not coming to mind now. Anyway they hire him, he flies out of Virginia, what do you call it, the CIA headquarters, Langley, he flies out of Langley and he's been authorized to take money out of Swiss bank accounts and put it into technologies that benefit the military. Cause Congress didn't approve the star wars budget that was proposed and so what they do is just circumvent it and get them funded anyway by him investing in their companies. Anyway the Department of Defense wanted this technology and I wouldn't give them what they wanted so they refused to let me go to patent pending here in the U.S. They told me that if I would give them an affidavit from a credible laboratory totally independent of me that indeed the white powder of gold exists. And they chose gold for some reason. I went to Argonne National Laboratories, got a fellow by the name of Mike McNallen who is an MIT metallurgical chemist who previously worked at Argonne National Labs to actually buy gold, make it into the white powder and sign affidavits for me. And then they said "we've changed our mind. Now you have to take the white powder of gold back to gold or we are not going to let you go to patent pending." At that point I said "look, you told me I could go to patent pending. This is a materials patent; it is not a procedural patent. I've proved to you that white powder of gold exists. I've showed you how to make applesauce out of the apple, now you want me to take applesauce back to an apple." And I said "I do know how to do it but you don't need that for me to go to patent pending on this." And uh, it was at that time, basically in 1991, 92 and uh, uh, my attorney said they can never issue a patent to anyone else who would apply to you, because you have applied for it and been turned down. And after $540,000 in 1993 I dropped the patent pursuit. No one can ever be granted a patent on this that would ever apply to me. I was issued in about twelve countries worldwide and I dropped those patent pursuits."

In the statement above, it is clear that there may be two different reasons why the DOD may have stopped Hudson's patent. The first reason is stated in the first sentence:

"Any patent involving superconductivity has to be approved by the Department of Defense before it can be issued."

The second reason is toward the end of the statement:

And then they said "we've changed our mind. Now you have to take the white powder of gold back to gold or we are not going to let you go to patent pending." At that point I said "look, you told me I could go to patent pending. This is a materials patent; it is not a procedural patent. I've proved to you that white powder of gold exists. I've showed you how to make applesauce out of the apple, now you want me to take applesauce back to an apple." And I said "I do know how to do it but you don't need that for me to go to patent pending on this."

This raises questions about why the patent was really denied in the US. Was it because it mentioned superconductivity and new superconductivity technology is carefully kept from international patent access by the DOD? Was it because David Hudson refused to share his method for converting ORMUS to metal? Or, was it for a third reason; that his claim about superconductivity was a false claim since his white powder was not conductive at all?

We may never know what combination of the above reasons is the actual cause for Hudson's patent denial in the US.

However, we should keep in mind that David Hudson's understanding of the properties of superconductors is seriously at odds with the definitions of traditional science.

One property that the ORMUS materials, which David Hudson worked with, may have in common with the conventional definition of superconductivity is the Meissner effect but even this is not an obvious property of Hudson's materials. Here is one definition of the Meissner effect from Wikipedia:

The Meissner effect (also known as the Meissner-Ochsenfeld effect) is the expulsion of a magnetic field from a superconductor. Walther Meissner and Robert Ochsenfeld discovered the phenomenon in 1933 by measuring the flux distribution outside of tin and lead specimens as they were cooled below their transition temperature in the presence of a magnetic field. They found that below the superconducting transition temperature the specimens became perfectly diamagnetic, cancelling all flux inside. The experiment demonstrated for the first time that superconductors were more than just perfect conductors and provided a uniquely defining property of the superconducting state.

http://en.wikipedia.org/wiki/Meissner_effect

On the Wikipedia page above you can see a picture of a magnet hovering above a superconductor. In his first Dallas lecture, David Hudson said that this is not what happens with his material:

"Oh, when we make it to the monoatomic state we hydrogen reduce it, we oxidize it, hydrogen reduce it and then we anneal away the hydrogen. In the annealing with the hydrogen it goes snow white. When it's in that snow white state, under an inert gas atmosphere and we cool it down, you can actually take your hand and run it about 6 inches under the tube, you know a long distance away from it, and the material flies around inside the tube. And yet if you take a magnet and run it 6 inches under the tube, nothing happens. And yet you put the magnet down and put your hand back and it flies around again. And what it is, it's the subtle magnetic field of your hand which your body, I don't know what..., does anybody know what the magnetic field of the body is about 6 inches away? "

This behavior appears to be a static electric effect rather than the magnetic repulsion of the Meissner effect. If the weak magnetism of the hands was what was causing this effect, as Hudson suggested, then the magnet would have had a similar effect albeit at a greater distance.

Another property that Hudson described for his ORMUS materials, which might be considered evidence of superconductivity, is their claimed ability to store energy up to a certain point. Here is a statement on this from Hudson's first Dallas lecture:

"And that white crud is the superconductor. And it literally builds up energy, builds up energy, kind of like you think of a capacitor building up energy, it's flowing more and more light and it's feeding on the magnetic potential. More and more light, more and more light, until it reaches what's called H_c2, the greatest amount of magnetic field that superconductor can sustain and at that point it collapses."

In the passage quoted above, David Hudson was describing his hypothesis to explain the energy released in the Pons and Fleischmann experiments, which they claimed was evidence of cold fusion. In other words, Hudson was saying that he believed that the energy release in the Pons and Fleischmann experiments was not evidence of cold fusion, but rather, it was evidence of the sudden burst of energy stored in the white, superconductive ORMUS powder that was released when the energy level of that powder exceeded the superconductive storage limit called H_c2.

Hudson's equation of this energy-release-effect to his materials appears to be based on one experiment (twice repeated) where he put some of his white powder into an arc furnace and struck an arc on it:

But did you know that with less than 10 electron-volts, you can cause the energy, the atoms to fission? And I took 30 grams of this powder, and I bought this brand new arc furnace. An arc furnace is kind of like a welding machine. It has a water cooled copper crucible, you put your sample you want to melt in the copper crucible, and you slide the lid over it and you lower it down, and it seals on o-rings. And then you put a controlled gas through the sample. Well we put argon as our plasma gas, and down in this crucible there's a tungsten electrode that hangs down in there and you can strike the arc between the tungsten electrode and the copper crucible. You put the powder you want to melt in there and you seal the thing all up, vacuum out the air, put in argon, and strike the arc, and you can sit here with a seal and watch your sample through a glass. You can actually stir the sample with the electrode and burn the arc on it.

Now this is the way they melt these refractory ceramics like tungsten, tantalum, niobium, you know these high temperature materials. I said, "we're gonna melt this sucker, I don't care if it takes you two hours of burning, we're going to melt it. I'm gonna find out how the metal is produced". Now this is about 1982-83 before I knew of this. What happened, we struck the arc and within a second it stopped. We opened up the machine and the tungsten electrode was gone. It's all melted in with our powder. Now I said, "This must be a faulty electrode. Let's get another electrode". So we order another electrode, put another 30 grams in there and here's all the tungsten all down in with our powder. We took that out, we did it again. It didn't even make a second. The heat that was being produced was like a thousand times greater than the D.C. arc should have been because the heat was coming out of the material. It was nuclear level energy coming out of the nuclei as we struck the arc on it.

So then we took the material that had all this tungsten in it and we separated the tungsten, had it analyzed, and it doesn't analyze to be the same stuff it used to be. This is 1982. And I said, "you know, it looks to me like there's a nuclear level transition going on here and I don't want any of my employees working around it". And I'll tell you, we just decided the only way you're going to get this is you don't do it with energy, you do it with chemistry.

Even if it were replicated, this experiment would not be definitive evidence that superconductive energy storage is a defining characteristic of Hudson's ORMUS materials. Before that hypothesis can be granted scientific credibility, additional evidence must be included. I am sure that scientists who work for the DOD and the US Patent and Trademark Office (USPTO) know this.

The final property of superconductors that Hudson claimed for his ORMUS materials is quantum coherence. Here is a quote on this from Hudson's first Dallas lecture:

"And in his calculations and in his mathematics, he calculates that when matter is resonance connected in two dimensions, it no longer interacts in three dimensions, but it's only interacting in two dimensions, by what he calls the jitterbug motion, that it loses 4/9s of it's gravitational weight. Or it only weighs 56 percent, which if you all recall is exactly what our material weighed. 56 percent, or 5/9s of it's true weight. Which means that the material is a resonance connected, quantum oscillator, resonating in two dimensions, which just happens to be the definition of superconductor."

Later in the first Dallas lecture, Hudson equates the quantum coherence of a superconductor to quantum coherent consciousness using a quote from Quantum Self : Human Nature and Consciousness Defined by the New Physics by Danah Zohar:

Okay, Fröhlich style Bose-Einstein condensate in the brain. This is the "boson". You know, Bose-Einstein, they call it bosonic physics. In the brain. "A coherent ordering of some bosons, photons or virtual photons present in neural tissue, or neuron cell walls. This quantum coherence makes possible the orchestrated firing of some or all of the 10 to the 11th neurons in the human brain and the integration of information to which their firing gives rise. Thus giving us the unity of consciousness and ultimately the sense of self and world. Without the ordered Bose-Einstein orchestration of photons or other boson there would be no sense of self and world, but equally without the material components of the neural tissue there would be no Bose-Einstein condensate. The two, quantum coherence and ground state of consciousness, and neural tissue matter in relationship to each other give the brain it's conscious functioning capacity. This capacity is linked to all the neural networks that process data from the environment. So at the level of consciousness found in ourselves and higher animals the creative dialogue between matter and consciousness..." Remember the boson being the consciousness, "...is obvious and crucial. Neither is reducible to the other and yet neither can function without the other. Equally and at a more basic level, this same ordered quantum coherence is thought to be present in all biological tissue right down to the level of the DNA itself. As we have seen it is linked inseparably to the essential creativity of life".

I doubt that David Hudson provided sufficient evidence that his materials were quantum coherent resonators to prove that they were superconductors to the DOD or USPTO. I also question whether he really knows why his US patent was denied. Even if he was told by the USPTO why it was denied there is no way to be sure that the reason they gave is the real reason for the denial.

The question remains; was Hudson's patent denied because he failed to provide evidence that the ORMUS elements he described in his patent were really superconductors? Or was it because he failed to provide evidence that they were Orbitally Rearranged Monoatomic Elements? Or was it as he claimed that they were superconductors and the DOD does not want info about new discoveries in superconductivity to get out to other countries? If the latter is the case, then why were the patents only published in other countries?