Jim Clack
04-21-2008, 01:31 AM
Help!
I've been lurking on these forums for several months and finally decided to make myself visible. It's wonderful to find a place to seek advice, and that is what I am hoping for in this request. I have written dozens of technical manuals for various manufacturers over a period of three decades, some of a thousand pages in length. But I have never written a real book - one that can be bought in a bookstore. Now I have a topic that I wish to pursue, a do-it-yourself guide to applying for a patent, and I need advice from others. At issue is my style.
As a writer of product user guides I have been both hailed and damned for my style. Some clients love it, others hate it. I try to present dry subjects in a manner that is fun to read. I avoid appendices and large words, I use folksy mannerisms, and I try ro make the topic lighthearted. I've been criticized for these very things, and have had to do some significant rewrites in the past. Many people are of the opinion that non-fiction must also be formal, and that my style is far too casual. But now that I am attempting to penetrate the commercial market, I want to know if I'm just wasting my time. Before I seek a publisher, or even an agent, I'd like to solicit the opinion of other non-fiction authors.
I'd like your professional opinion on my style. I've provided a couple of brief excerpts below. Do you think that a relaxed style is inappropriate for a non-fiction book? Is it acceptable or even desirable? Should I start over, give up, or press on?
And thank you so very much for your input.
-Jim Clack
Excerpt 1:
Make sure that you own what’s in your head. I’m serious. Do you have a day job? If so then you’re employer probably owns your dreams as well as your fantasies. However, most employers are willing to sign rights over to you for specific exceptions. Of course if the idea relates to your line of work, then they might want the idea for themselves. This can be a problem, and for that kind of issue you should consult with a good attorney. Let’s hope your boss just snickers and says, “Hey, we make garbage bags, so why would we be interested in your harebrained scheme to patent an improved kitty litter box?”
This is especially true in a white collar environment; your employer can argue that you were hired for your brains, so your ideas belong to the company. Believe it or not, one of the sheets that HR gave you to sign when you were hired probably included a clause to hand your brain to your employer on a silver platter. Although there have been hoards of court cases challenging these kinds of claims, the results are all over the map, so don’t gamble.
Get it on paper. If your company has a legal department then they will probably want to draw it up themselves. Say “okay” and don’t feel guilty about making them do all the work. After all your company is paying the attorney’s salary, so they expect him or her to earn it. If you have to provide the weasel words, refer to the sample Release of IP Rights below. IP rights? Is that a new term to you? Like the French, the lawyers have a different word for everything. They refer to the ownership of patents, trademarks, and copyrights as IP, which stands for Intellectual Property.
Are you afraid to ask your employer for IP rights? That is completely understandable. Your boss might be afraid of you becoming rich and leaving him without a bag-packer. Use reverse psychology. Make up a proposal for your company. It should show your invention without giving away any of the key benefits. It should have a cover letter that asks them to patent it for you and that requests them to give you a certain percentage of the proceeds. In all likelihood, they will laugh out loud and think that you must be crazy. So much the better. Now you are perfectly poised to tell them that, if they don’t want the idea, you will be glad invest your own money in it. Let them laugh again. Then they should be willing to sign the release. Tip: Don’t ask them to sign it right way, as they will realize they’ve been taken for fools. Wait until the next day.
Excerpt 2:
Often you must evaluate your invention in light of existing inventions. When you first dive into the search, as you will in upcoming chapters, you probably will hope to find nothing that is at all like your invention. If you find similar inventions you may feel defeated. But the experienced inventor approaches it differently. She worries that there might be nothing at all like it, making it a hard-sell. That is because investors want to compare it to something. In television sitcoms there is little originality, just cookie-cutter copies with slight variations, because investors would rather go for the sure thing than take a gamble on something new. So the discovery of similar inventions is often a blessing.
In general you should be pleased to find that something already exists that is quite like your invention, especially if it is currently making a lot of money for somebody. Don’t look at it as competition to your idea, but as a springboard for it. Sure yours might have a 75% overlap, and now you’ll have to whittle your invention down to a shadow of its former self. But that small slice of an idea is likely to be worth more than a whole pie of a pristine idea. At the State Fair an apple pie generally wins the blue ribbon even though it’s only slightly better than the second place pie; whereas the baker of that innovative Gorgonzola-rutabaga pie goes home empty handed.
Of course if existing products are too similar to your invention, or if the claims of an existing patent are worded in such away that it would not be profitable to work around any conflict, then that may not be such a lovely find and you may be sunk. Isn’t it better to find out now, before you invest a lot of time and money?
Thanks,
-Jim Clack
I've been lurking on these forums for several months and finally decided to make myself visible. It's wonderful to find a place to seek advice, and that is what I am hoping for in this request. I have written dozens of technical manuals for various manufacturers over a period of three decades, some of a thousand pages in length. But I have never written a real book - one that can be bought in a bookstore. Now I have a topic that I wish to pursue, a do-it-yourself guide to applying for a patent, and I need advice from others. At issue is my style.
As a writer of product user guides I have been both hailed and damned for my style. Some clients love it, others hate it. I try to present dry subjects in a manner that is fun to read. I avoid appendices and large words, I use folksy mannerisms, and I try ro make the topic lighthearted. I've been criticized for these very things, and have had to do some significant rewrites in the past. Many people are of the opinion that non-fiction must also be formal, and that my style is far too casual. But now that I am attempting to penetrate the commercial market, I want to know if I'm just wasting my time. Before I seek a publisher, or even an agent, I'd like to solicit the opinion of other non-fiction authors.
I'd like your professional opinion on my style. I've provided a couple of brief excerpts below. Do you think that a relaxed style is inappropriate for a non-fiction book? Is it acceptable or even desirable? Should I start over, give up, or press on?
And thank you so very much for your input.
-Jim Clack
Excerpt 1:
Make sure that you own what’s in your head. I’m serious. Do you have a day job? If so then you’re employer probably owns your dreams as well as your fantasies. However, most employers are willing to sign rights over to you for specific exceptions. Of course if the idea relates to your line of work, then they might want the idea for themselves. This can be a problem, and for that kind of issue you should consult with a good attorney. Let’s hope your boss just snickers and says, “Hey, we make garbage bags, so why would we be interested in your harebrained scheme to patent an improved kitty litter box?”
This is especially true in a white collar environment; your employer can argue that you were hired for your brains, so your ideas belong to the company. Believe it or not, one of the sheets that HR gave you to sign when you were hired probably included a clause to hand your brain to your employer on a silver platter. Although there have been hoards of court cases challenging these kinds of claims, the results are all over the map, so don’t gamble.
Get it on paper. If your company has a legal department then they will probably want to draw it up themselves. Say “okay” and don’t feel guilty about making them do all the work. After all your company is paying the attorney’s salary, so they expect him or her to earn it. If you have to provide the weasel words, refer to the sample Release of IP Rights below. IP rights? Is that a new term to you? Like the French, the lawyers have a different word for everything. They refer to the ownership of patents, trademarks, and copyrights as IP, which stands for Intellectual Property.
Are you afraid to ask your employer for IP rights? That is completely understandable. Your boss might be afraid of you becoming rich and leaving him without a bag-packer. Use reverse psychology. Make up a proposal for your company. It should show your invention without giving away any of the key benefits. It should have a cover letter that asks them to patent it for you and that requests them to give you a certain percentage of the proceeds. In all likelihood, they will laugh out loud and think that you must be crazy. So much the better. Now you are perfectly poised to tell them that, if they don’t want the idea, you will be glad invest your own money in it. Let them laugh again. Then they should be willing to sign the release. Tip: Don’t ask them to sign it right way, as they will realize they’ve been taken for fools. Wait until the next day.
Excerpt 2:
Often you must evaluate your invention in light of existing inventions. When you first dive into the search, as you will in upcoming chapters, you probably will hope to find nothing that is at all like your invention. If you find similar inventions you may feel defeated. But the experienced inventor approaches it differently. She worries that there might be nothing at all like it, making it a hard-sell. That is because investors want to compare it to something. In television sitcoms there is little originality, just cookie-cutter copies with slight variations, because investors would rather go for the sure thing than take a gamble on something new. So the discovery of similar inventions is often a blessing.
In general you should be pleased to find that something already exists that is quite like your invention, especially if it is currently making a lot of money for somebody. Don’t look at it as competition to your idea, but as a springboard for it. Sure yours might have a 75% overlap, and now you’ll have to whittle your invention down to a shadow of its former self. But that small slice of an idea is likely to be worth more than a whole pie of a pristine idea. At the State Fair an apple pie generally wins the blue ribbon even though it’s only slightly better than the second place pie; whereas the baker of that innovative Gorgonzola-rutabaga pie goes home empty handed.
Of course if existing products are too similar to your invention, or if the claims of an existing patent are worded in such away that it would not be profitable to work around any conflict, then that may not be such a lovely find and you may be sunk. Isn’t it better to find out now, before you invest a lot of time and money?
Thanks,
-Jim Clack