In 2019, Amazon developed a New Patent Evaluation Procedure for settling disputes between patent owners and sellers. As compared to their previous, this utility patent system offers better brand protection to Amazon patent owners, being more efficient and fair. Let’s explore Amazon’s patent evaluation program in more detail below.
How Does Amazon’s New Patent Evaluation Program Work?
Amazon provides patent owners improved protection against patent infringement with their updated patent evaluation program. When a patentee accuses an Amazon seller of infringing on patent rights by selling their product without legal permission, the patent case is investigated by a neutral third-party evaluator.
The body investigating the patent infringement claim must have the legal knowledge and understanding of utility patents and regulations. Amazon can’t be involved in the patent claim, and the evaluator is supposed to maintain an impartial view to ensure the correct handling and judgment of the claim.
What Are The Steps Involved In Amazon’s Patent Evaluation Program?
Amazon’s new Patent Evaluation System follows an invitation-based system and only offers to support to people filing a claim for utility patents. It follows several steps which are as follows:
- The patent owner has to submit an Amazon Utility Patent Evaluation Agreement with the Amazon Standard Identification Number (ASIN) for the product.
- The agreement will be sent by Amazon to the sellers selling the patented product on the platform. After relieving the product, they have two options. They can either remove the product or move forward with the utility patent agreement.
- If the utility patent claim is moved forward, an agreed fee of $4,000 has to be paid to the neutral evaluator selected by Amazon by the parties involved. The agreed fee is given to the evaluator, not Amazon
- After fee collection, the evaluator sets a briefing schedule for the case. It requires the patent holder to submit their arguments within 3 weeks and the seller 2 weeks.
- After receiving the answer from the seller, the patentee has another week to respond to the seller. This requirement, however, is optional on part of the patentee.
- After receiving all the case details, the evaluator has 2 weeks to present their final decision based on the information from both the seller and the patentee.
- The decision must be neutral and can be in favor of any party, the patent owner or the seller. But the evaluating body must provide evidence-based and rational reasoning for their judgment only if the decision is in favor of the seller.
- If the result is in favor of the patentee, Amazon will remove the product, and if it supports the seller, the product will stay on the platform.
- The deposit of $4,00 will be returned to the winning party, and the losing party will have to pay the amount to the evaluator.
- Amazon’s neutral patent evaluation program does not give the involved parties the right to appeal. But they can opt to file a federal lawsuit if they wish to do so.
Who Is Eligible For Amazon’s Utility Patent Program?
Patent lawsuits are an expensive and time-consuming process. It is not always an affordable option for small businesses with limited funds to file a patent infringement case in the Federal Court.
Amazon’s Utility Patent Evaluation Program is targeted at small to medium-sized businesses, allowing them to settle their case without incurring heavy patent attorneys and legal fees in drawn-out patent infringement cases. The entire process doesn’t take more than a month, and the evaluator’s fees are refunded to the winner. If a patentee sees someone selling their patent design on Amazon, they are eligible to avail of the support and benefits offered by Amazon’s program.
What’s The Enrolment Process?
As mentioned above, Amazon’s patent infringement program is invitation-based. That means you can only get an invite if you fit the eligibility criteria. You can check the patent infringement requirements here to see if you meet the eligibility requirements. The cost is $4,000 and is refundable if the decision is in your favor.
Amazon’s patent utility evaluation program offers an excellent forum for patentees to protect their patent infringement rights without the expensive fees and time-intensive process involved in Federal Court patent infringement cases. Its decision is neutral, providing a fair and unbiased judgment based on arguments and evidence submitted by all the parties involved.