Have you ever had IP stolen?? I have....it's damned frustrating. So the issue is not "nonsense", but very real.
You can sign advisors up to non-disclosure agreements, for 20 years, and prevent them from using the technology for their own commercial gain. This is done all the time. Many new technologies are analyzed prior to receiving a patent. So this is a red herring, and the fact that the patent office does not issue cold fusion patents means these ECAT Cats will have to do something a little more creative.
This is an easy problem to get around. The IP argument is a joke. It is making energy from nothing which is their biggest hurdle.