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An Amazon Seller Patent Attorney Addresses How To Deal With Amazon IP Complaints – Patent Infringement

Fri Dec 31, 2021 Amazon Tips

According to the World Intellectual Property Organization, a patent is an exclusive right granted for an invention, which is a product or process that provides a new way of doing something or offers a new technical solution to a problem. It grants its owner the right to exclude others from making, using, offering to sell, selling, or importing the invention into the United States for a fixed number of years. 

When you are selling on Amazon, you may have a complaint lodged against you for patent infringement. If this happens to you, an Amazon patent attorney at ESQgo can assist you in deciding the best way to proceed. 

Two Types of Patents

There are two principal types of patents in the United States, utility patents and design patents. 

A utility patent is the most common type of patent. It may be granted for a new machine, articles of manufacture, composition of matter, process, or improvement to any of those, and generally protect the structure and functions of a product rather than how it looks. 

Meanwhile, a design patent may be granted for the unique look of a product, but it does not cover the structure or functions of a product. 

When a patent infringement complaint has been lodged against you, Amazon should include information about the patent claimed and the claimant’s contact information. 

How To Approach a Utility Patent Infringement Complaint

A utility patent infringement claim may be resolved through Amazon’s Neutral Patent Evaluation Process. This process allows private lawyers to represent their clients to resolve the patent infringement dispute. The process is designed to be cost-effective and time-saving, and the evaluators used are attorneys with relevant experience. It is imperative as a seller on Amazon that you have an Amazon patent attorney representing you throughout the Amazon Neutral Patent Evaluation. 

How To Approach a Design Patent Infringement Complaint

The standard for determining whether or not there has been an infringement of a design patent is whether or not the product looks substantially similar to the patented design in the eye of an ordinary observer. The best way to proceed when accused of a patent infringement violation is to have an Amazon patent attorney prepare a patent analysis to support your appeal to Amazon. 

An Amazon Seller Patent Attorney On Your Side

If a complaint of patent infringement has been lodged against you, you don’t have to face it alone. At ESQgo, we are legal professionals that focus our practice on representing online sellers and intellectual property matters, and we are here to help. To schedule a consultation with an Amazon patent attorney at our firm, call 888-600-1925 or reach out through our contact page.