COMPLAINT REGARDING INVENTION PROMOTER

DATE OF CORRESPONDENCE: January 17, 2006

Name of the Invention Promotion Company: International Product Design Inc.

Invention Promoter's Address: 5130 MacArthur Boulevard, NW, Washington, DC 20016

Complainant's Name: Eric M Killian

Complainant's Address: 399 Parma Center Road, Hilton, NY 14468

Customer's Name: Eric M. Killian

WHAT IS YOUR COMPLAINT?

Name of mass media invention promoter advertised in: International Product Design Inc.

Invention promotion services offered to be performed:

Explanation of complaint between customer and invention promoter:

In 1991 I contacted International Product Design Inc. (IPD) to seek advice in protecting and promoting my invention, a tape measure with built in pencil sharpener.  An application for a design patent was filed June 14, 1991 on my behalf by , an attorney to whom I was referred by IPD (copies of initial correspondence enclosed).  I was advised to file a design patent and consider a utility patent later (Apr. 10, 1991 letter).  Mr. advised that filing a utility patent application should occur only if I sold or licensed the invention to a manufacturer, or when the invention was ready to be manufactured or marketed.  I was thus led to believe that having a manufacturer of licensee was a prerequisite to filing a utility patent application, and that such an application might later be filed upon Mr. ’s review and recommendation.  Prior to my contact with Mr. , IPD provided what I now believe was a very limited and marginally relevant patent search.  Mr. indicated that he would perform a patentability search if my invention were licensed.  He further indicated that based on my agreement with IPD, if I were to file a utility application, it would be at the expense of IPD.  In retrospect, it might appear that recommendations to wait to file a utility patent were based on IPD’s interests rather than my interest as an inventor.  Furthermore, I note that in preparing the design patent application Mr. or his patent illustrator added “surface decoration” that were alleged to “ make it more saleable” (Apr. 23, 1991 letter).  I now realize that “surface decoration” further limited the design patent.  I have also learned that and earlier patent to Horvath. US Patent 4,744,150, covers a measuring tape having a pencil sharpener.  Ultimately, as a direct result of relying on the information and advice from IPD and Mr. , I spent a considerable amount of money for a design patent that was of little or no value, while my invention was primarily utilitarian and already described by another patent.

I wrote to Mr. on this matter in 2004, and enclose a copy of his reply.  I realize that I am unlucky to recover any of the money I spent, and that I did indeed obtain a design patent, but I wanted to make the Patent Office aware of IPD’s and Mr. ’s practices primarily so that others will not be subject to similar treatment.

Signed: /s/ Eric Killian                             Date: January 8, 2006

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