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194 | PATENT IT YOURSELF Fig. 8E—Views With Cross-Section Lines
ChaPter 8 | How to DRAFT the SPECIFICATION and INITIAL DRAWINGS | 195 “Two things are required from every specialized treatise: <strong>It</strong> should clarify its subject and, more importantly, it should tell us how and by what methods we can attain it and make it ours.” —Longinus Use Short and Simple Sentences <strong>It</strong>’s best to write your description in short, simple sentences, with short paragraphs. Each paragraph should generally be shorter than 200–250 words, or one page (double-spaced), and should relate to one part or subpart of your invention. The Cybernetics Institute has found that short sentences communicate best. Also, they found that 50% of adults can’t understand a sentence longer than 13 words anyway. Don’t worry about the quality or style of your writing or the beauty of your language. Your main goal is to include all points of substance of your invention and make your description clear and understandable. There’s an especially good legal reason for this: If a disclosure isn’t clear, a court will interpret it narrowly. (Personally, I find that, whenever writing is less than clear, a reader interprets things in a manner other than the writer intended.) If you get stuck and don’t know how to phrase a description of a part or an operation, here’s a helpful trick: Simply pretend you’re describing your invention aloud to a close friend. Remember what you said (or make an audio recording) and write it down or use voice recognition software to get a written record. Then go back and polish the language. If you attack the job in small chunks or in piecemeal fashion, it usually will go much easier. Write Clearly Write clearly, not only so you can be understood, but also so that you will not be misunderstood. Avoid Grammar and Spelling Errors Although the PTO’s examiners aren’t very concerned with grammar and spelling errors you should avoid them in your application and all of your correspondence. You will get more respect from your examiner, potential licensees, or a judge. Proofread or use a spelling and grammar checker. Here are some examples of common grammar errors that I found in redacting patent applications: Wrong: “lever 202’s left end.” Right: “the left end of lever 202.” Wrong: “connected to switch 502 wires.” Right: “connected to the wires leading to switch 502.” Most writing tends to be less formal and even sloppy now because many people do a lot of informal texting and emailing. However a patent application (and any other legal document), should be formal, perfect, and crystal-clear, because any flaw, error, solecism, ambiguity, vagueness, or unintelligibility will be attacked or looked upon with disdain by anyone who reads the application, such as an examiner, a potential licensee, a judge, or an adversary. Use Copious Headings Also, if you use copious subheadings (such as “Fig. 1— Description of Handlebar Attachment”; “Fig. 2—Front Fork Detail”; “Fig. 10—Operation of Derailleur”; etc.) throughout your specification (as I’ve done in this book), most people will find it far easier to read. This allows them to take in the information in separate, small, inviting chunks that are easy to digest one at a time. Refer to the specification at the end of this chapter (Fig. 8G) to see examples of headings in an application. “Getting started is the worst part.” —Roberta Pressman If you have trouble getting started, don’t worry; many writers have blocks from time to time, and lots of inventors initially (and erroneously) lament, “I could never write my own patent application.” The words of Lao-Tse will encourage you: “A journey of a thousand miles begins with a single step.” An anecdote that will help is the children’s story of a newly manufactured clock that couldn’t bring itself to start when told it would have to tick 31,536,000 times per year; it was too daunting a job. However, when its maker cleverly pointed out to it that it would have to tick only once per second, it didn’t seem so bad. So the clock started and has been going ever since. If you still feel daunted, it will help you to know that virtually all inventors who have trouble getting started suffer from lack of will, not ability. I had a client who came to the U.S. from Hong Kong with little money or English, but with a great invention and tremendous drive. He wrote and filed his own application and got a valuable patent, after I fixed his English. If he could do it, surely you, with probably a much better command of English, can do so also. “Your ‘I will’ is more important than your I.Q.” —Marva Collins If you feel that you can’t write adequately, I suggest that you give it your best shot and then have a writer, college English major, high school English teacher, etc., edit your draft.
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N O LO ® “The best roll-up-your-
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Products & Services Books & Softwar
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15th edition Patent It Yourself You
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Acknowledgments My deep thanks go t
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2 3 4 The Science and Magic of Inve
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8 9 E. Make and Sell Your Invention
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13 14 J. The Patent Laws of Other C
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Your Legal Companion A. You Don’t
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Nondisclosure Agreement 1. Parties.
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Invention Disclosure Sheet of Inven
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Form 3-4: Application Data Sheet—
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Positive and Negative Factors Evalu
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Consultant’s Work Agreement 1. Pa
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Searcher’s Worksheet Sheet of Inv
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Form 10-1A: Declaration for Utility
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In the United States Patent and Tra
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Design Patent Application—Preambl
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whether or not any royalty payment
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INDex | 577 Biotechnology patents e
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Bestsellers The Small Business Star
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Online Legal Forms Nolo offers a la
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Keep Up to Date 1 Go to Nolo.com/ne
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About the Author David Pressman is
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