half-watt
Flashlight Enthusiast
1. DoSun's idea may still be patentable - depends upon the "claims" (viz. the proper legal term) that they make. it is not unusual to have a couple of dozen claims in a single patent. an engineer who works for a company might like to break these "claims" out into multiple patents (sometimes successfuly; sometimes not), but often corporate patent counsel will bundle a bunch together, either for legal reasons (to better insure that the patent is granted), or for financial reasons (cheaper to file for one patent than for five patents or two dozen).
2. DoSun's idea may(???) be unique in certain respects - particularly their "eagle" [eye] beam pattern (broad/wide like our eyes are naturally used to seeing in daylight). some headlamps provide this feature as an array of multiple LEDs (think FoxFury here) and as a somewhat fixed output mode (unless lower output levels are used by lighting fewer LEDs, again FoxFury). DoSun uses a single light source and a moveable reflector such that the wide/broad/eagle beam is not mandatory. also, the output level is variable for any of the beam patterns. is this unique? don't know. one would need to do a search of prior art.
3. If the next logical step has NOT been patented, then it may(???) be patented subject to at the very least the following standard caveat (using the actual legalese phraseology which after 25+ yrs as an engineer i've now committed to memory): "the invention must be unobvious to one skilled in the art". the comment on the rotating bezel might(???) be obvious to one skilled in the art of headlamp design, but then it might not be so to the patent examiner and so might be granted (though it could later be challenged in court with outcome uncertain). however, IMO, it would not so much be the concept of the rotating bezel, but rather the overall system operation that might be patentable, i.e. something like "a system using [some "tech" [talk/speak], to use the Hollywood script writing term, here for their particular mechanism/design] which rotates between three areas of a reflector, providing a pure flood output, a unique[??? i'm not sure 'bout this either being unique, but assume for the moment that it is] wide angle field of illumination from a single LED light source, and a near-far dual spot...". something like the idea of a four wheeled vehicle that moves under its own power is a nice concept/idea, but is not patentable in and of itself. patents are intended to provide protection and foster an atmosphere of creativity. such a broad claim of a four wheeled vehicle that moves under its own power (i.e. self-propelled) would stifle creativity and would never be granted, IMO.
4. as far as public knowlegde goes, that would, again, probably depend upon the "claims" made in DoSun's patent. public knowledge and knowledge which the inventor has not kept secret until disclosing and applying for a patent (though the patent may not yet be granted), is not patentable.
5. in the good ol' USofA patents are good for 17y after which others may make use of one's invention without licensing/royalties (this, again, is to foster continual improvement and invention, hence the shorter "protection" of 17y for US patents), though they are in effect longer in some other countries.
i've been amazed at what can get patented. for some decades now with a technology explosion occurring and patent examiners not knowledgeable in some areas of science and technology, sometimes patents are granted which would never even pass the test of "unobvious to one skilled in the art". however, the patent examiner grants the patent since he/she is not skilled in the art and thinks that the invention is pretty neat. among others, there is a famous early software patent granted a number of years ago regarding insuring the visibility of a mouse pointer/cursor regardless of the background color. this patent was granted when, IMO, it never should have been due to the innate/obvious method that was being employed (a programmer would obviously use the XOR [aka "logical difference"] operation to ensure pointer visibility on any background color). an entire US company was formed on the basis of the patent with what appeared to be one sole "raison d'etre" [i.e. "reason for being" - IIRC, this company at the time did not have a marketable product - only an obvious idea for which a patent was, IMO, mistakenly granted], viz. with a legal department that cruised trade shows and conventions looking for POSSIBLE patent "infringement" and then issued letters demanding either cease and desist or licensing royalties, else the inevitable litigation would ensue - both Apple and IBM received "nastygrams" from the legal vultures circling above, or is it the bottom-feeding slugs slithering along??
2. DoSun's idea may(???) be unique in certain respects - particularly their "eagle" [eye] beam pattern (broad/wide like our eyes are naturally used to seeing in daylight). some headlamps provide this feature as an array of multiple LEDs (think FoxFury here) and as a somewhat fixed output mode (unless lower output levels are used by lighting fewer LEDs, again FoxFury). DoSun uses a single light source and a moveable reflector such that the wide/broad/eagle beam is not mandatory. also, the output level is variable for any of the beam patterns. is this unique? don't know. one would need to do a search of prior art.
3. If the next logical step has NOT been patented, then it may(???) be patented subject to at the very least the following standard caveat (using the actual legalese phraseology which after 25+ yrs as an engineer i've now committed to memory): "the invention must be unobvious to one skilled in the art". the comment on the rotating bezel might(???) be obvious to one skilled in the art of headlamp design, but then it might not be so to the patent examiner and so might be granted (though it could later be challenged in court with outcome uncertain). however, IMO, it would not so much be the concept of the rotating bezel, but rather the overall system operation that might be patentable, i.e. something like "a system using [some "tech" [talk/speak], to use the Hollywood script writing term, here for their particular mechanism/design] which rotates between three areas of a reflector, providing a pure flood output, a unique[??? i'm not sure 'bout this either being unique, but assume for the moment that it is] wide angle field of illumination from a single LED light source, and a near-far dual spot...". something like the idea of a four wheeled vehicle that moves under its own power is a nice concept/idea, but is not patentable in and of itself. patents are intended to provide protection and foster an atmosphere of creativity. such a broad claim of a four wheeled vehicle that moves under its own power (i.e. self-propelled) would stifle creativity and would never be granted, IMO.
4. as far as public knowlegde goes, that would, again, probably depend upon the "claims" made in DoSun's patent. public knowledge and knowledge which the inventor has not kept secret until disclosing and applying for a patent (though the patent may not yet be granted), is not patentable.
5. in the good ol' USofA patents are good for 17y after which others may make use of one's invention without licensing/royalties (this, again, is to foster continual improvement and invention, hence the shorter "protection" of 17y for US patents), though they are in effect longer in some other countries.
i've been amazed at what can get patented. for some decades now with a technology explosion occurring and patent examiners not knowledgeable in some areas of science and technology, sometimes patents are granted which would never even pass the test of "unobvious to one skilled in the art". however, the patent examiner grants the patent since he/she is not skilled in the art and thinks that the invention is pretty neat. among others, there is a famous early software patent granted a number of years ago regarding insuring the visibility of a mouse pointer/cursor regardless of the background color. this patent was granted when, IMO, it never should have been due to the innate/obvious method that was being employed (a programmer would obviously use the XOR [aka "logical difference"] operation to ensure pointer visibility on any background color). an entire US company was formed on the basis of the patent with what appeared to be one sole "raison d'etre" [i.e. "reason for being" - IIRC, this company at the time did not have a marketable product - only an obvious idea for which a patent was, IMO, mistakenly granted], viz. with a legal department that cruised trade shows and conventions looking for POSSIBLE patent "infringement" and then issued letters demanding either cease and desist or licensing royalties, else the inevitable litigation would ensue - both Apple and IBM received "nastygrams" from the legal vultures circling above, or is it the bottom-feeding slugs slithering along??
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