Dramatic Increase of Design Patent Complaints on AMZ
We’ve seen a dramatic increase in the number of design patent complaints on AMZ filed over the past few months.
You will learn the difference between a design patent and a utility patent, and how I have set the FMX gear bag as an example in this video.
Some companies are using baseless complaints to get Amazon suspensions, and it’s hurting many Amazon sellers. But there is something you can do to protect yourself. Watch this video to learn more about design patent complaints and what you can do to protect your business.
There has been an increase in Amazon sellers who are facing baseless patent complaints, especially concerning design patents. Design patents protect the physical features of a product which make it unique like how many straps it has, what the pockets of a product are made of, the coloring, etc.
What to do
If you are accused of infringing on a design patent there are several steps you should take to resolve the issue.
First, evaluate the product you are selling using the Egyptian Goddess test to see whether there is any merit to the claim that you are infringing on the patent. This test is intended to show if your product copied another, it would be recognized as the same or deceptively similar. Amazon has a program called the Neutral Patent Evaluator which serves the same purpose and analyzes whether a product is infringing on a patented design or the claim is baseless.
If your product is not infringing on the design patent then you should seek a retraction from whoever filed the complaint against you.. You can also reach out to Amazon and point out to them that your product was not truly infringing on any patent.