He has a European patent, but not (yet) a US one. Whether that is due to the fact that the US patent office has (wrongully) in the past treated cold fusion like perpetual motion, I don't know. Several other researchers and agencies have very recently received US patents for CF approaches. The secret of US success seems to be to NOT call it "cold fusion", but some other terminology.
I have a serious problem with the US patent process.
You submit something and they you wait for THEM to deem it as worthy.
I say the patent process should be a simple form you fill out, that lists your idea and BLAMMO it gets a date-time stamp and you got a patent.
Then it is up to you to defend your patent, if someone uses your idea.
The process of getting a patent now is too costly and time consuming.
And if you want to patent a perpetual motion device then go ahead. It should not be up to the government to decide if your idea is good or not.