Now just how valid is a patent like this? Upon examining the obviousness of this patent, I think it fair to say this patent is non-obvious. Although smoking filtration devices exist, I have never heard of or imagined of a portable smoking filtration device, let alone one that goes on top of the wearer's head. Moreover the fact that this is an electronically powered device makes this specific patent seem non-obvious to me personally, although one could argue that if a smoking filtration device were desired, that it would be attached to the smoker's face or head somehow. Regarding the novelty of this device, I would imagine that nothing like this patent exactly has been previously described, although I would imagine that there would be potential for someone to have previously described or conceived of such a device. Finally, we examine the usefulness of this device. The filers of the patent argue that the device is beneficial to both the environment and to any persons in the vicinity of the smoker, with which I would agree - a device that absorbs smoke from the user would seem to be useful. However I would question whether or not this device would ever truly be able to absorb 100% of the smoke, or even a significant enough amount of smoke to prevent the disturbance of nearby persons. Also, this device seems enormous, and thus a tremendous inconvenience to the smoker who would have to wear this giant piece of metal on their head. The filers suggest that the device could be used in settings such as "mass transit systems, such as commercial airlines, and social gatherings in theaters, restaurants, pubs, and the like", but what reasonable person would want to carry along such a device with them just to benefit the non-smokers around them? Moreover in the instances that have been cited, wouldn't a device like this prove to be excessively noisy and disturbing to all persons present - such as in a theater? Thus, I sincerely doubt the true usefulness of this patent, and for that reason alone I would find this patent invalid.
Link: http://www.freepatentsonline.com/4858627.html
Great analysis of the usefulness of this patent. It's beyond me how the inventor got away with claiming it is more beneficial than a burden. I mean, it isn't hard to see that the user is essentially wearing a giant electronic box on their head.
ReplyDeleteI agree with Jon, I can't imagine anyone actually using this ridiculous contraption. But, you can't blame the inventor for wanting to patent an idea that he came up with. Maybe parts of this will be relevant in the future, and he can license or sue for infringement.
ReplyDeleteVery good post, loved the analysis. The funny thing is that a lot of people smoke in order to look cool and this hat would definitely not go along with their purposes so it might not even be considered useful.
ReplyDeleteI agree that it is useless, but I wonder how many inventions were considered useful in their day. For example, if this device was tweaked so that it was a lot smaller and close to the users nose and mouth, it could potentially be really useful but in its current format definitely not.
ReplyDeleteThe idea of a smokers hat is horrible... the inventor should have stepped back a bit and focused a lot more on the air filter rather than the fashion aspect.
ReplyDeleteSure, this is an alternative to the filtration systems that smokers might attach to their cigarettes. For that reason it is probably novel. And this probably non-obvious as well, since you would think to control the smoke through the cigarette itself rather than capture it and assume it travels upward to the hat. Useful, though? Not too sure about that. I'm not sure that any smoker would bust out a hat to smoke.
ReplyDeleteI agree with many the comments seen above. i believe if someone were smoking, they wouldn't go through all the effort to purchase and wear this hat. Even in non-smoking areas, the e-cigarette would seem like a better choice than this goofy looking hat. Very funny to see these weird patents that seem to pass the USPTO.
ReplyDeleteEvidently, if the device actually works as planned; "a portable hat system [that] enables the smoking of tobacco type products without affecting the environment", then it is useful. However, the lengths to achieve this use, is undermined by the unrealistic nature of the design.
ReplyDeleteI agree with everything above. Since smoking is such a social thing, it's hard to imagine that this would have any pull on smokers in the first place, not even to mention the 'usefulness' of this product.
ReplyDeleteThis indeed makes no sense for a smoker. No smoker would be willing to wear a hat while smoking! Smokers are spending enough money on tobacco products as it is, and wold definitely not even consider spending more money on a hat!
ReplyDeleteMoreover, buying a hat is a long time investment, and no smoker likes to believe that they will continue smoking for a long time. Every smoker plans to quit in the near future, however unrealistic it might be.
I also thought the same. A smoker wouldn't go all that much work to save the environment in the first place. I also agree that buying this hat would go a long way as you need to invest in the hat. On the other hand, if a smoker is to wear the hat as mandatory, it would definitely reduce smokers.
DeleteHaha this is amazing I dont understand what kind of ramifications this has for second hand smoke, let alone how disgusting this would get after use.
ReplyDeleteI understand the concept of not harming the environment. But would this hurt yourself in general? What I mean is whether it would create your body to be hurt by the smoke. Even if it absorbs the smoke, isn't it essentially going to the mask, which would hurt you in the long run?
ReplyDeleteAs with usefulness, I would say it's reasonable idea, but it depends whether someone would go that much to actually smoke. I also agree that it's not that obvious.
This is definitely one of those inventions that sounds great on paper. In theory, I would definitely love to see smokers with some sort of ventilation system because I'm really bad around smoke having grown up in a place where smoking in public places was illegal. However, I do agree that this invention may be cumbersome for the smoker. It's not guaranteed to be comfortable and while on paper, may seem like a good idea especially from a non-smoker's perspective, might not even be something that smokers buy. I think this patent should have undergone some user testing and prototyping before being accepted.
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