From the article: "The company has deliberately avoided filing patents on its heat exchanger technology to avoid details of how it works - particularly the method for preventing the build-up of frost - becoming public." I would think that for something like this, the patent system would actually work fine. Anybody who tries to make this is going to be located in the US, Canada, Western Europe, or Japan. It's not like…
https://www.youtube.com/watch?v=vZ_a21fPkYM
the engineers wanted to apply for a patent once the British government stopped funding their work, but the government classified their work as secret, preventing them from doing so.
EDITED TO ADD: Apparently the original secret classification expired in 1993, at which point they filed a patent which ended up being owned by Rolls Royce. Their current work circumvents that patent.