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Response 2013 Olthaus

Invention Promoter’s Name:  Davison

Complainant’s Name: Larry Olthaus

Response: 

Mail Stop 24
Commissioner for Patents
Inventors Assistance Program
P.O. Box 1450
Alexandria, VA 22313-1450

Re:  Reply to Complaint of Larry Olthaus dated August 01, 2012

Dear Sir or Madam;

               This letter is to address the complaints raised by Larry Olthaus against Davison Design and Development, Inc. (Davison).  While it is clear from his complaint that Mr. Olthaus is dissatisfied, his complaint fails to fully disclose the services provided by Davison or the additional services offered by Davison to address his concerns.  A brief summary of events illustrates Davison’s commitment to Mr. Olthaus’ project and our willingness to address his concerns.  His decision to terminate the relationship, while unfortunate, does not invalidate the services performed, does not invalidate Davison’s willingness to continue his project and does not provide a basis for a refund.

               Mr. Olthaus first contacted Davison on April 30, 2009 with an idea for a new product.  At that time, he did not engage our services.  He contacted Davison again on April 12, 2011 and on September 16, 2011, he entered into a contract for the design, development, construction and presentation of a product sample addressing the problem identified by his submitted idea.  Consistent with the terms of the contract, a proposed product design was created and submitted to Mr. Olthaus for his approval.  This initial design was submitted on November 29, 2011.  The proposed design did not meet with Mr. Olthaus approval.  After discussion, a revised design was created and submitted to Mr. Olthaus.  Again, this redesign did not meet his approval.  On October 30, 2012, in response to this complaint, we discussed Mr. Olthaus’ concerns and agreed upon a course of action to modify the design for a second time, to incorporate features that Mr. Olthaus felt were fundamental to the submitted idea.  Regrettably, on November 01, 2012, Mr. Olthaus’ position changed and he has refused to pursue the project further.

               Davison’s goal, as agreed to by the client under the terms of the contract, is the development of a cost effective solution to the problem identified by the client.  The design of a product sample involves not only the functional elements of the product but also factors such as aesthetics, materials, production expenses, etc.  The resulting product sample is sometimes different from the pre-conceived notions of the client.  That is the purpose of Davison seeking our clients’ approval of a design before a physical sample is constructed.  Davison remains committed to Mr. Olthaus’ project.  We remain willing to modify the design according to our verbal agreement of October 30, 2012.

 

Sincerely,

 

/s/ Frank Vescio                                                                            /s/ David M. DeMay
President                                                                                       Patent Counsel
Davison Design and Development, Inc.                                        Davison Design and Development, Inc.

 

 

United States Patent and Trademark Office
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Last Modified: 1/29/2013 11:39:34 AM