Rob Segall and Dana Rodriguez talk about Amazon’s neutral patent evaluation program for utility patents.
Is there more than 1 type of patent?
Yes – the neutral patent evaluation program is only for utility patents. Utility patents protect the way a product functions. There are also design patents, in which we discuss in another video. Design patents cover the ornamental design features of a product.
What is the neutral patent evaluation program?
Before the neutral patent evaluation program, utility patent owners would file complaints alleging infringement the same way any other rights owner would – whether it’s a trademark, copyright, counterfeit, etc. They would just log onto Amazon.com and submit a complaint via Amazon’s intellectual property page. Now, Amazon takes utility patent complaints a little more seriously. Instead, they allow sellers to reach out to Amazon and request a third party attorney to determine whether the products are actually infringing.
What is the process of this new program?
- Express interest in participating in the program since it is invite-only.
- Identify the patent and the infringement.
- Amazon will send documents and a contract.
How does Amazon evaluate the information submitted?
The first thing that Amazon does is reach out to the sellers giving them 3 weeks to respond. Not responding will result in the deletion of the disputed listings.
Watch until the end to find out the benefits of using this program!
If you have questions or would like us to assist you in appealing an Amazon suspension, call us for a free consultation: 1-877-9-SELLER.
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