How Sellers Can Use Prior Art to Prove That A Patent is Invalid

If you have ever received a design patent complaint against one of your products and you think it was baseless, today’s video is specifically for you.

So this particular Amazon seller that we won reinstatement for, received a design patent complaint against a listing for a generic product.

How do we win these cases? They had the design patent, the United States Patent and Trademark Office issued the design patent. And you may not know this, but our USPTO issues tens of thousands of invalid patents every single year.

What did we do to win this case? Number one, the case was assigned to Declan, one of our brilliant paralegals. What we did is find what’s called prior art.

A design patent means that you took a product and how it looks and you improved upon it, you changed it, you made it your own, and that entitled you to a design patent. But if that design existed before you filed your design patent application, well guess what? You can lose that patent. That would be deemed an invalid patent and you can get the whole thing tossed.

So that’s exactly what Declan argued over to Amazon. We never even had to go to the USPTO. We showed Amazon that the design patent that was issued by the US government was invalid because there was preexisting art for the same exact design, meaning the patent was invalid. Declan knocked it out of the ballpark and got this seller reinstated.

If you want to learn more about intellectual property law, specifically pertaining to you, the Amazon seller, contact us seven days a week and either me or a member of my team will get back to you as soon as possible.