Many sellers face a frustrating dilemma: despite holding valid patents, their infringement complaints on Amazon often get rejected while competitors continue profiting from their intellectual property. The solution may lie in Amazon's Neutral Evaluation program – a powerful tool that many patent holders overlook.
Common Pitfalls in Patent Complaints
Before exploring neutral evaluation, sellers should understand these frequent mistakes in patent enforcement:
- Territorial Limitations: Patents only protect within their registered jurisdictions. A U.S. patent won't prevent sales of similar products in France.
- Listing Date Misconceptions: Many believe earlier product listings automatically prevent later patent claims. However, U.S. patent law allows filings up to 12 months after an invention's first public disclosure.
- Patent Expiration: Always verify your patent's active status, as expired patents lose legal protection.
Special Considerations for Design Patents
For design patent complaints, these factors critically impact success rates:
- In the EU, complaints must specify "design right infringement" rather than patent infringement.
- Established stores with brand registry typically achieve higher complaint success rates than new accounts.
- The patent filing date must precede the infringing product's listing date.
- European complaints require perfect alignment between patent ownership and store registration details.
Neutral Evaluation: A Strategic Enforcement Tool
For U.S. utility patent holders, Amazon's Patent Evaluation Express program offers an effective enforcement mechanism.
Program Overview
This impartial process involves third-party patent attorneys evaluating infringement claims, providing balanced resolution without lengthy litigation.
Evaluation Process
- Initiation: Contact Amazon's legal department to execute a patent evaluation agreement.
- Documentation: Submit the patent certificate, infringing ASINs, and detailed infringement analysis.
- Notification: Amazon alerts the alleged infringer, allowing three weeks for response.
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Response Options:
- No response typically results in listing removal
- Contested claims proceed to evaluation upon agreement execution
- Deposit: Both parties submit $4,000 deposits – refusal constitutes forfeiture.
- Assessment: A patent attorney evaluates evidence and renders judgment.
- Outcome: Prevailing parties recover deposits; losing parties forfeit funds.
Strategic Advantages
- Expert evaluation by qualified patent attorneys
- Faster resolution than traditional litigation
- Predictable costs compared to open-ended legal fees
Initiating the Process
Sellers can access the program through Amazon Brand Registry:
- Navigate to "Protect" in the menu
- Select "Report Violation"
- Choose "Patent Infringement"
- Specify "Utility Patent Potential Violation"
Critical Considerations
- Prepare comprehensive evidence demonstrating clear infringement
- Consult intellectual property specialists for complex cases
- Conduct thorough patent validity assessments before proceeding
In today's competitive e-commerce environment, patents represent vital business assets. Amazon's neutral evaluation program provides patent holders with an efficient mechanism to enforce their rights and maintain marketplace integrity.