What is Amazon Patent Evaluation Express (APEX)?

Amazon Patent Evaluation Express (APEX) is a program created to help utility patent holders resolve infringement disputes that arise between Amazon sellers. It provides an on-platform alternative to conventional litigation, allowing right’s owners to enforce their intellectual property rights on Amazon’s digital marketplace through an Amazon-appointed neutral evaluator. Originally known as the Utility Patent Neutral Evaluation Program (UPNEP), it was launched in April of 2019 in response to concerns of patent infringement from third-party sellers.

Who is eligible to use the Amazon Patent Evaluation Express Program?

The APEX program was devised as an alternative option to traditional litigation within the US legal system and is focused on enforcing patents for physical products. As such, there are limitations on who can utilize the program.

In order to participate in the APEX program, a seller must hold a current US utility patent. Design patents and utility patents from outside of the US are not eligible. The seller making the claim must also be enrolled in the Amazon Brand Registry so as to submit their evaluation request through Amazon’s in-built brand protection system.

Additionally, any listings mentioned in infringement claims need to belong to sellers operating in Amazon’s US marketplace.

How does the Amazon Patent Evaluation Express program work?

The APEX process begins when the claimant submits an evaluation request via Amazon’s Brand Registry platform. The claimant can identify up to 20 separate listings, each of which they feel infringes on a single claim of their patent.

If APEX request is approved by Amazon, the claimant pays a fee of $4,000 to initiate the process, at which point Amazon notifies the accused seller, who reviews the claim made against them and has three weeks to decide whether or not to contest. If the accused seller declines to contest the claim, the relevant listings are removed from the Amazon marketplace. Should they opt to contest, the defendant must also pay a fee of $4,000 to initiate the process. The fees of the claimant and the defendant are taken for the appointment of a neutral attorney who will evaluate the claim.

Once a neutral evaluator has been appointed, the right’s owner and the accused seller each present a formal written explanation either in support of infringement or in defense of the infringement claims. The evaluator then considers the documentation put forward by both parties before making a final determination. If the accused seller is deemed to have likely committed patent infringement, the relevant listings are removed from Amazon’s marketplace; if not, the listings remain active.

Upon conclusion of the case, the prevailing party is then refunded their $4,000 fee.

What are the benefits of the Amazon Patent Evaluation Express Program?

The APEX program offers several key advantages for rights holders operating on Amazon’s digital marketplace.

Firstly, as it offers an integrated resolution process, any listings found to be likely infringing are automatically removed from Amazon, meaning no further enforcement action is required from the patent holder after a case is resolved.

Secondly, the APEX program offers a speedy pathway to resolution. Claims made through the APEX program are usually reviewed quickly, with determinations made within several weeks in most instances. This is often considerably quicker than traditional court litigation.

Thirdly, the APEX program is a cost-effective method of resolving patent disputes. The potential cost is limited to a maximum fee of $4,000 (not including any patent attorney fees), which is refunded in total if the claim is successful. This is cheaper than traditional litigation, which can lead to significant costs, particularly in protracted cases.

Lastly, a successful APEX infringement claim will result in the right’s owner receiving an APEX ID. This ID can be added to subsequent patent infringement complaints, nearly guaranteeing future listing suspensions.

For Amazon sellers that hold US utility patents, the APEX program is a fast, convenient, and reliable way to resolve disputes, allowing them to benefit from qualified, experienced, and neutral evaluators without having to deal with the costs or delays of court proceedings.