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Invention Promoter's Name: Invention Technologies Incorporated

Complainant's Name: Dorothy Gholar

Response:

U.S. Patent and Trademark Office
Inventor's Assistance Program
P.O. Box 2327
Arlington, VA. 22202

Dear Sir or Madam:

This letter serves to respond directly to a complaint filed with your office by our client, Dorothy Gholar, dated August 11, 2006 and received by this office on October 12, 2006.

Providing nothing more than her own suspicion to substantiate such a spurious accusation, in her complaint, Ms. Gholar states that she believes Invent-Tech improperly shared information about her Bath Tub Caddy Seat invention resulting in her product materializing in the marketplace only three months after submitting her idea to our company.

Beyond the glaring incongruity of the timeframes required to physically produce and retail a product internationally as opposed to Ms. Gholar’s discovery of the similar product approximately three months after hiring us to assist her, please be advised that Invent-Tech categorically denies having any involvement whatsoever in the commercial development of Ms. Gholar’s concept outside the scope of our contracts together, which expired in 2005.

In her complaint, Ms. Gholar also references a patent search provided to her as showing “nothing produced similar to [her] invention” though no patent search could possibly support such conclusions and she fully acknowledged prior to hiring our company that no such finding is made by Invent-Tech.

Please see the attached Affirmative Disclosure Statement wherein Ms. Gholar agrees that:

“Invention Technologies, Inc. does not, at any stage, perform any evaluation or assessment of the market potential, patentability, technical feasibility, or merit of ideas submitted to it.”; and also acknowledges her understanding that, “…the promotion of intellectual property and sale of ideas is highly speculative; the prospect of any one invention or idea obtaining financial success is extraordinarily low”.

More to the point, on August 21, 2003, Ms. Gholar signed and returned her Advanced Development Authorization Form, required by Invent-Tech prior to the commencement of any work on promotional services for our clients.  In her ADAF (copy attached), she acknowledged in writing and agreed to the following:

“Do you understand that Invent-Tech has made no finding or guarantee of originality concerning your idea and that there may be other products currently under development or available that neither you nor Invent-Tech are aware of today?” (initialed yes, DG);

“Do you understand that competitors will develop similar products?” (initialed yes, DG);

and also:

“Do you understand that this is a risky business and that, while all of us are hoping for the best, there are no guarantees that your idea will become successful or profitable” (initialed yes, DG).

Most disturbing is the bad-faith Ms. Gholar demonstrates in filing this complaint at all, much less this many years after we directly addressed this very issue with her in early 2004, when she first brought the similar product to our attention.

Having seemingly resolved her concerns at that time, no only did Ms. Gholar continue to receive, accept, approve and make use of all of the services delivered to her pursuant to her contract, but on August 9, 2005, she executed a free, one year Extension of Services agreement wherein she acknowledged having received all of the services as set forth in our agreement and that she was fully satisfied with the services delivered (copy attached).

We note that Ms. Gholar made her complaint to your office exactly two days after the expiration of our non-obligatory and good faith one year extension of her services, which simply underscores the frivolous and bad-faith nature of her complaint.  We note that nowhere in her complaint does Ms. Gholar express any dissatisfaction with our work together or that she failed to receive exactly what she contracted with Invent-Tech for.

 

Very truly yours,


/s/Brian McLeod
Director, Corporate Communications

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