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Amazon Patent Infringement Attorney

Billions of dollars worth of products are sold on Amazon every year and their market appears to only be growing. With a global reach and the ability for just about anyone to sell their goods on Amazon’s platform, it is incredibly easy for people to sell counterfeit goods. In recent years, Amazon has become increasingly aggressive in protecting the intellectual property rights of their sellers, but the system is far from perfect. If you are facing a patent infringement claim or wish to pursue a claim against someone else, an Amazon patent infringement attorney at ESQgo, PC is available to help.

Amazon Patent Infringement Cases Are Unique

Trademark and copyright holders have long enjoyed protection from Amazon that hasn’t always been available to patent holders. Owners of registered trademarks, for example, can protect their brand by registering with the Amazon Brand Registry. Generally speaking, Amazon will typically take quick action to protect the copyright and trademark rights of their sellers

Unfortunately, patent cases are more complex. Patent infringement claims require careful analysis to determine whether an infringement has occurred. In the past, Amazon would handle claims by removing the item from the store of the seller who allegedly infringed upon the patent. In most cases, the seller’s only option would be to appeal the suspension. If the seller was unable to resolve the issue, their sole remaining option would be to pursue arbitration against Amazon or litigation against the complainant – a costly process that most small businesses cannot afford. 

About the Utility Patent Neutral Evaluation Procedure

In order to address the growing problem of patent infringement claims, Amazon has implemented the Utility Patent Neutral Evaluation Procedure, sometimes referred to as simply the Neutral Evaluation Process. The program is intended to protect the rights of patent holders and give those who are accused of utility patent infringement a fair and effective means of resolving the claim. 

It’s important to note that the process is available only in cases involving utility patents. If you hold a design patent or are accused of infringing upon someone’s design patent, you cannot utilize the Neutral Evaluation Process. Whether defending against a claim or wondering whether you have a claim, an Amazon patent infringement lawyer can evaluate your case and explain your options. 

How We Report Patent Infringement to Amazon

An Amazon patent infringement lawyer can report patent infringement to Amazon on your behalf to properly document everything for potential litigation. We hope it won’t come to that, but creating a paper trail is a best practice. In addition to a cease and desist letter asking the violating sellers to stop, we will submit notice to Amazon including your patent number, ASIN number, product URL, as well as supporting evidence demonstrating the infringement claim. 

Work with an Amazon Patent Infringement Attorney from ESQgo, PC 

Our Amazon patent infringement attorneys understand how stressful patent infringement claims can be. We have the knowledge and experience to successfully navigate the process, whether you are defending your rights or responding to an infringement claim. Reach out to us today to schedule a free 30-minute consultation to discuss your case and what we can do to help.