How to File Patent Infringement Report on Amazon Right

Warm greetings from Solver!

Today we would like to talk about a patent infringement report.

According to the Intellectual Property Policy, any right holder has the right to file a complaint about his patent infringement. Whether a design or a utility patent, the report may be filed against the ASIN and or offers on this ASIN.

As you know, a patent protects the right holder’s invention from the moment it is registered. Therefore, Amazon support only reviews the patent infringement report when you provide the patent registration number. Your report will be rejected with a high degree of probability if you try to submit such a report, having only the application patent number.

There are two options when you are filing a patent infringement report. Suppose before submitting such a report, you previously applied to the court by providing the case information to Amazon support. In that case, a funds hold will be imposed on the offender’s account, and sales on the offending ASIN will be suspended until the court verdict. If you do not intend to file a lawsuit against the offender, you may use the filing of a patent infringement report without this option. Upon successfully accepting your report, Amazon support will deactivate either the ASIN or the offender’s offer without holding funds on the account. At the same time, it should be taken into account that the submission of such a report without a trial is considered by Amazon support in more detail and is more likely to be rejected. In addition, when filing a patent report infringement without a lawsuit, Amazon allows the offender to reinstate his/her ASIN without your consent and a court verdict if the offender proves that there is no violation of your intellectual property rights.  

The last but essential nuance is filling in the rights owner column. Suppose you are the actual patent holder that is being infringed. In that case, you should not provide someone else’s contact information, including first and last name, to maintain anonymity. When submitting a patent infringement report with someone else’s contact information, the offender has a reasonably high chance of challenging this report. Your account may receive a warning or deactivation for providing false information.

We hope this post has helped you understand the basic nuances that should be considered when filing a patent infringement report. If you need help submitting a report, we are always open to assisting!