Imo, they can patent it, and have already put a time stamp on it by filing a provisional patent.
What good would a patent do? Let me answer that with a question. Do you know what patents are used for? Think about potential licensing revenue. Also, it would help keep other potential competitors out of nFUSZ's market. Remember the one click button? Amazon had patented that and their business soared because nobody else could do that except Amazon.
So, I would recommend you Google "what does a patent do".
"A patent is a form of intellectual property. A patent gives its owner the right to exclude others from making, using, selling, and importing an invention for a limited period of time, usually twenty years. The patent rights are granted in exchange for an enabling public disclosure of the invention."
Think about that for awhile to see what advantage that would give nFUSZ.