A patent protects the rights of the patent holder to the commercial exploitation of the idea in the national jurisdictions that the patent is actually registered in, even though the idea may have been in private use before, but that does not invalidate the patent. The period of protection is limited to a certain number of years, depending on the individual circumstances, and then expires. Patent searches prior to granting a new patent are intended to eliminate the possibility of “prior art”, that is the idea being part of an earlier patent. For example there is a rollergun patent that was granted a decade or so back that covers ideas that were in use at least a decade before it was applied for, but no one bothered to patent those ideas earlier, so the door was open for someone to do so. However the prior “inventors” can still use the idea, they are only restricted by the patent if they want to sell items employing that idea. What has made this system less effective, particularly with spearguns, is that buyers can directly purchase via the internet what may be infringing items in other countries and bring them in as private imports, unlike an official local distributor of that competing product who could be challenged by the patent holder, as to my knowledge no one is policing those private imports for personal use.
A minor change to a given design is all that is required to get around an existing patent, and given the fragmented nature of the spearfishing industry, chasing patent infringements may incur more costs than the rewards any successful court action would bring. Many vacuum barrel guns use rubber nozzle type seals rather than “O” rings as the vacuum seal onto the shaft surface and that idea should fall outside the scope of the STC patent which employs the latter. In Russia the “Taimen” Company has patents on its pneumovacuum gun, but that has not stopped the idea being copied, even in its own market, with minor variations. The key to success is to churn guns out and meet market demand rather than sit on a patent and taking on manufacturers from all over the planet who may be in jurisdictions that are not very respectful of patents.