Public Disclosures of the Borehole Battery™ Warrant Strong Legal Protection Against Infringement

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Copyright © 2025 Philip C. Cruver

In the high-stakes race to lead the energy transition, innovation isn’t just about technology, it’s also about identity, trust, and reputation. Geo2Watts’ development and strategic disclosure of the Borehole Battery™ exemplify this principle. Through widespread awareness and public communications, Geo2Watts has accomplished far more than announce a novel clean energy technology; it has carved out a unique position in the market that deserves robust legal protection.

Geo2Watts has invested considerable effort in establishing the Borehole Battery™ as a recognizable, trusted solution for repurposing idle oil wells into long-duration energy storage systems. From LinkedIn campaigns targeting tens of thousands of industry stakeholders to white papers, podcasts, academic collaborations, and public presentations, the company has deliberately created a distinctive market persona. These efforts have not only educated the public but also informed competitors, regulators, and investors of its technological claims and its role as a category leader.

In legal terms, such widespread and sophisticated disclosure constitutes constructive notice. That means any company developing a similar system after Geo2Watts' public outreach cannot plausibly claim ignorance. They are, in effect, on legal notice of Geo2Watts’ proprietary claims. This matters profoundly in a court of law: any infringement under these circumstances could be deemed willful - a key distinction that dramatically raises the stakes.

Willful infringement doesn’t just violate a pending or issued patent; it also undermines fair competition by copying the market position and public goodwill Geo2Watts has painstakingly built. When a competitor mimics the identity or functionality of the Borehole Battery™ after knowing full well of its association with Geo2Watts, it isn’t just an IP violation, it’s an act of unfair competition that threatens the very integrity of innovation.

This dilution of identity can erode investor confidence, confuse potential partners, and slow momentum at a critical time in clean energy development. That’s why the law provides for enhanced remedies in cases of willful infringement, including injunctive relief, punitive damages, and attorney’s fees. Geo2Watts has a compelling argument for invoking these remedies if infringement occurs: its disclosures weren’t passive or incidental - they were purposeful, broad, and widely communicated to the industry.

Moreover, such disclosures help strengthen the company’s position beyond patent law. They function almost like a common law trademark, where public recognition and association create a quasi-proprietary identity even in the absence of federal trademark registration. In a rapidly evolving market like long-duration energy storage, this kind of early positioning is often more powerful than legal formalities.