The company has documented sales of product at $109.80 per barrel. That takes care of your first concern.

The second concern of up time is a valid concern. At this point there is only the CEO's statement that the #2 processor was running in September and October.  The CEO has also said he expects Cash Flow Positive (CFP) in Q1 13. That would require high levels of up time to make that happen.

Hard numbers will be available in the 10K filing. Unless the company releases additional information before the 10K, that is all the information on up time available.

The subject of patents is an on going debate.