Nancy Delain, Esq.

Patents have many advantages, but they also have some drawbacks. Patents are expensive. No way around it. You pay for patent protection. Patents are exercises in disclosure. To get a valid patent, you must disclose the best mode of making and using the invention such that a person of ordinary skill in the art in which the invention lies can make and use it. Patents are short-lived in the intellectual property world; in the USA, the longest patent lasts for 20 years from the date of filing the application, and cannot be renewed. Thus, a patent, which is an expensive commodity, expires quickly and continuing IP protection must be found through another form of IP (trademark working with patent is not unusual).

When I was a kid, my knees and voice shook whenever I had to give a speech or sing a song. I was nothing but a quivering bundle of raw nerves. Nowadays, talking in front of an audience is one of my favorite things to do. But I still have to stop and breathe before I give a speech. Here's how I breathe to calm down. 1. I lose my eyes. Absolutely essential; I focus on me, not on what's around me. 2. Breathe deeply in through my nose. This often leads directly into a yawn; that's fine. 3. Hold that deep breath for a count of one-one-thousand, 2-one-thousand, 3-one-thousand, 4-one-thousand, 5-one-thousand before SLOWLY exhaling through pursed lips feeling shoulders drop and tension lessen. 4. Rinse and repeat at least five times.

A negotiator, simply put, helps two or more parties come to an agreement they can all live with. The negotiator may be neutral in the process or s/he may represent one of the parties (one negotiator representing more than one of the parties very likely causes an irreconcilable conflict of interests). To do the job well, a negotiator must be a skilled and calm communicator (both verbal and written), a strategic thinker, quick on his/her feet, able to pivot, and open to suggestions from other parties.

A solid growth record for an established franchisor is an absolute must. However, new franchises don't yet have that growth record. That means you have to move on to other ways to determine a track record. The best way, in my experience, is to look at the individual records of the top-level management team members. How long and successfully has each fulfilled their role, whether in the franchise you're looking at or at another franchise? What's their background? Education? What kind of relationships do they have with current and former associates?

Technical communication is industry-agnostic. It truly does not matter what industry you're working in; the point of tech communication is to communicate technical information clearly to the intended audience. That's about communication skill, not about any particular technology or industry. Yes, it helps for the tech communicator to have some background in the industry or field s/he communicates about, but it's actually not necessary for someone who is good at communication to know a boatload about the technology; the communicator must be able to interview the SME, glean the important stuff from the conversation, and communicate that important stuff to the intended audience.

Active listening is a skill (not a "talent"; a "skill") that should be developed in every area of business and of life. It greases the communication skids. It is a process whereby we are fully present to the other person/people in the conversation, constantly checking our understanding of their position, enabling us to achieve our ... and their ... goals from the conversation. For example, if we are buying a big-ticket item (let's say a luxury car for example), we want the sales rep to fully understand what we are looking for and why we are looking for it so the sales rep can guide us to the correct purchase. A sales rep who does not actively listen to what we want and why we want it becomes ill-equipped to guide us to the item we need.