Amazon infringement notice: How to respond

Does the Amazon infringement notice identify a patent, trademark or copyright? At the outset, you should carefully study the Amazon infringement notice to determine which IP rights are being asserted against your product listing. An accurate understanding of the asserted IP rights will lead to clues as to which features might be triggering the notice […]

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How to understand patent claims

Understanding utility patent claims The claims are often the least understood portion of a utility patent, and yet they matter the most. Attempting to understanding utility patent claims can feel like learning a foreign language. There is a lot of funky claim language like “comprising,” “said” and “wherein,” not to mention the hierarchy of independent […]

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Why Trademarks Matter to Amazon Sellers

Trademark registrations are critical for selling on Amazon Selling products through Amazon in the US can be lucrative if done wisely. One crucial factor in selling products under your own brand is to make sure you comply with Amazon’s intellectual property policy and block competitors from using your brand. The reason why trademarks matter to […]

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What is a freedom to operate (FTO) or infringement search?

What is an infringement search? A patent infringement search goes by a few other names: freedom to operate (FTO), product clearance, patent clearance, infringement clearance, etc. The crux of an infringement search is to assess the risk of patent infringement associated with a particular product. Most seasoned patent attorneys would wisely warn their clients that […]

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Should I have a patent infringement search conducted for a simple product?

What is an FTO search? Also known as a Freedom-To-Operate (FTO) or right-to-use search, a patent infringement search looks for patents that may cover a product or service. An infringement search involves a careful comparison of the patent claims to the product to be sold, as opposed to a novelty search which focuses on the patent drawings […]

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How to Avoid Patent Infringement

Will changing the product 10% to 30% avoid patent infringement? I think part of the reason why patents are undervalued these days is the growing myth that you can avoid infringing a patent by changing your product by, say, 10% to 30% (what does a 10-30% product modification even mean?). Let’s the set the record […]

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How to reply to a patent infringement letter

Responding to a Patent Cease-and-Desist Letter Most business owners do not anticipate receiving a letter claiming patent infringement, so it’s almost always disruptive when it happens. Do not allow your emotions to control how you respond to a cease-and-desist letter. Stay poised, and plan a wise and cost effective response. Keep in mind that the patent […]

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