Patent It Yourself - PDF Archive

ChaPter 8 | How to DRAFT the SPECIFICATION and INITIAL DRAWINGS | 195
“Two things are required from every specialized treatise: It
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
It’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.