Utility Patent Enforcement on Amazon & Neutral Patent Evaluation Program
I want to talk to you today about utility patents.
Very, very important for a utility patent rights owner to enforce their patent when necessary on the Amazon platform. Now, how do you do this? Well, Amazon has something called the Neutral Patent Evaluation Program, and we can help you get into this because it’s an invite-only program.
So, what does that mean? Well, Amazon is asking for the rights owner to put up $4,000, and they could also report up to 20 sellers per round with this evaluation program. Now, Amazon will notify each of these sellers and they will have to put up $4,000 themselves. Many will drop off at that point because they’re not going to try to fight it for that amount. The ones who do might want to hold on, they will have to put it to $4,000. And a patent attorney will evaluate these cases and come up with a conclusion.
If the rights owner is the winner they will have the $4,000 returned to them. And the other sellers would have to forfeit to $4,000 and be kicked off the listing. If it’s the other way around and the rights owner loses, the rights owner will lose the $4,000, and the other sellers will be allowed to sell on the platform. This is basically how, in a nutshell, this program works.
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For additional information on utility patent enforcement:
Entering into a Licensing Agreement to Settle a Utility Patent Complaint
Updated Neutral Patent Evaluation Rules & Agreement
Patent vs Copyright Infringement – Know the Difference
IP Law for Amazon Sellers: Trademark, Copyright, Patent, Trade Dress & First Sale Doctrine