Invention Promoter's Name: Davison Design
Complainant's Name: Denise Flynn
Ms. NaThanya Ferguson
United States Patent and Trademark Office
Inventors Assistance Program
P.O. Box 1450
Alexandria, VA 22313
December 11, 2018
Re: Davison Design & Development, Inc. - Complaint of Ms. Denise Flynn
Dear Ms. Ferguson:
Enclosed, please find a copy of Davison Design and Development, Inc.'s response to the
complaint of Ms. Flynn. Kindly have this response posted along with the complaint.
I thank you for your attention to this matter. If you have any questions or concerns, please
feel free to contact me at your convenience.
Dear Sir or Madam;
This letter is in response to the above referenced complaint, filed by Ms. Denise Flynn, against Davison Design and Development, Inc. (Davison). At the outset, it bears noting that all services were completed by October 2012, more than six (6) years ago. Ms. Flynn did not file a complaint until nearly three years had passed (June 2015) and the USPTO did not provide notice to Davison until another three years had passed (November 2018). Such significant delays bear greatly on the credibility of her alleged concerns.
Simply stated, Ms. Flynn contacted Davison in 2011 and engaged two service contracts. The services were completed by October 2012 with her express written approval and authorization, and to her documented satisfaction. While her product idea was not licensed, that is a result that Davison does not, and can not, guarantee. In 2012, Ms. Flynn expressed her concerns and Davison, in a gesture of good will, offered additional services at no cost to Ms. Flynn. She did not accept this offer and Davison's last contact was in October 2012. Her contention that no services were provided is false.
From the time of an initial contact, to the presentation of a client's product idea, Davison maintains an open channel of communication, and secures its client's approval throughout the process. The product development process provides no guarantees of financial gain. Despite best eff011s, clients are sometime dissatisfied; particularly in the unfortunate event that a license is not secured. Davison has provided its services with her express written approval and authorization, and to her documented satisfaction. A brief summary of events will aid in understanding the services that were provided.
1. 04/03/2011 - Ms. Flynn submitted an idea to Davison and acknowledged two disclosures detailing the services and fees and the historical data on securing licenses.
2. 04/20/2011- She entered an agreement for research services which were performed and provided to her.
3. 07/06/2011 - She entered an agreement for the design and construction of a product sample and presentation materials.
4. 02/23/2012 - She approved the design and completed a questionnaire about the design giving positive feedback.
5. Based upon her approval, the physical product sample and presentation materials were created. An Executive Briefing, which included a photograph of the physical product sample, was submitted to her.
6. 06/21/2012 - She authorized, in writing, the presentation of her product idea and completed a questionnaire about the Executive Briefing, providing positive feedback.
7. 07/13/2012 -The presentation was made; unfortunately the corporation chose not to license her idea.
8. 10/04/2012 - Ms. Flynn expressed her concern over the corporation declining to license her product idea.
9. 10/16/2012 - In a gesture of good faith, Davison offered additional
presentation services at no cost to Ms. Flynn. She did not accept this offer and there has been no further contact.
Copies of all signed approvals, authorizations and questionnaires are available upon request.
In summary, Ms. Flynn was fully informed of all services and fees before she entered any contract for services. Davison performed the contracted services with her approval and authorization. The services were provided to her documented satisfaction. The unfortunate fact that her product idea was not licensed does not invalidate the services which were provided.
David M. DeMay
Davison Design and Development, Inc.
1-800-677-6382 ext. 40012