Patent Infringement On Amazon
Today we want to tell you about Patent Infringement and how to deal with this type of deactivation.
Patent Infringement is a listing deactivation that is caused by a complaint from the patent owner. The main argument of such a complaint is the infringement of an already existing patent or patent application, which was published on the official website of the patent office.
A bit of theory. There are 2 types of patent: utility and design. With a utility patent, you register the mechanism of the object’s operation. How does this item work, what is its uniqueness, and what goals does it pursue? You can find the answer to all these questions in the “Claims” and “Description” of the patent on the website of the patent office this patent is registered with. It is important to consider the territory in which the patent was registered. So for example, you can find patents in the US marketplace on the USPTO website (https://www.uspto.gov/).
Research of design patents is much easier. In the case of a patent design, only the visual component of the subject is important.
Now let’s move on to practice. In order to appeal the complaint and reinstate a listing, you first need to figure out whether there is really a violation on your part. You can find the Registration Number at the bottom of each Patent Infringement notification. This is the number that the complainant relies on. You need to copy this registration number and paste it into the search box of the patent office to find the necessary patent.
After that, you need to visually and/or technically compare your item with the patented item. You can safely proceed to the appeal process if you find your item is not identical to the patented one after successful research. You must provide the main arguments: what are the significant differences between your and the patented item, and how do you not infringe on this patent? If you find that your item is still similar to the patented one after research, then, in this case, it is worth starting to write a Plan of Action.
We hope that we were able to reveal to you the secret of working with Patent Infringement. If you still have questions or problems with patent appeals, or you’re not sure if you’re infringing on someone’s patent and would like to do some research, we’d like to see you at our @solverlawyersbot in Telegram!
