What is Amazon Patent Infringement?

Amazon patent infringement occurs when a seller lists a product on Amazon that includes a patented invention without the express permission of the patent holder. As a form of IP violation, patent infringement is strictly prohibited on the Amazon digital marketplace and is forbidden on the platform’s intellectual property policy.

What constitutes patent infringement on Amazon?

A patent guarantees its holder exclusive rights over a particular invention or process. To qualify for a patent, an invention must meet specific criteria. These criteria may vary between jurisdictions, but the USPTO (United States Patent and Trademark Office) requires an invention to be novel, useful, and not obvious, with a clear description of how to make and use it.

Once a seller acquires a patent for their invention, they hold the sole rights to manufacture, use, and sell that invention, typically for a term of either fifteen or twenty years. A seller commits patent infringement if they attempt to perform any of these actions without authorization.

In the context of Amazon, patent infringement mainly relates to products, their production, and their appearance. A common example is where a product violates a utility patent, either by imitating a patented product or incorporating a patented component.

Likewise, a listed product may constitute infringement if a product has been produced using patented manufacturing processes without a license. Lastly, a product may be in violation if its appearance closely resembles another whose ornamental design is protected by a design patent.

What is Amazon’s process for patent infringement?

Amazon treats patent infringement seriously and provides sellers with recourse for dealing with such violations. Sellers can report issues via a Report Infringement form, or if enrolled in the Amazon Brand Registry, via the Report a Violation (RAV) tool. Those who are enrolled in the Brand Registry and also hold a US utility patent can also use the Amazon Patent Evaluation Express (APEX) Program.

When reporting a case of infringement, the patent holder must provide proof of ownership, including a patent number and country of registration, the Amazon Standard Identification Number (ASIN) of infringing listings, and a thorough explanation of the nature of the infringement. Once submitted, the claim is then reviewed by Amazon’s IP enforcement team, and its validity is evaluated. In the case of US utility patents under Amazon’s APEX program, a neutral US patent attorney is appointed by Amazon to make this determination.

If sufficient grounds for a claim are established, and assuming the infringing seller cannot provide proof of non-infringement, such as a license, then Amazon will take action against them. This may involve the removal of relevant listings, an account suspension, or potentially even a permanent ban.