How can an Amazon seller use design patents?

How can an Amazon seller benefit from design patents?

IP simply cannot be ignored when you’re selling on Amazon. A common misconception is that IP is not a factor when low-tech or no-tech products are involved. Don’t fall into that trap. Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

Offensively, you can acquire design patents to protect the unique visual appearance of your product. Defensively, you’ll want to avoid selling products that look too similar to any designs patented by competitors. A freedom-to-operate (FTO) search can help provide guidance on what features to avoid in your product.

When should Amazon sellers consider filing design patents?

Ideally, you should consider filing a design patent application before launching your product. By launching, I’m referring to the earliest disclosure of your concept to the public. Filing before any public disclosure can help you win the race to the Patent Office and keep your foreign filing options open.

How to avoid infringing design patents

You can start by searching Google patents for design patents owned by key competitors. If you locate any, consider discussing your search results with a patent attorney to formulate a gameplan. Navigating around the competitor’s design patents may require looking into the prior art references reviewed by the patent examiner during the application examination process

How to enforce your design patent against Amazon sellers

Amazon provides IP owners with a few options for enforcing design patents against listings accused of infringement. One option is to report infringement.

Another option is known as Neutral Patent Evaluation or NPE. A design patent owner can request a proceeding where a neutral evaluator would assess an infringement claim made against particular listings. It’s basically Amazon’s version of a patent court.

Currently, the NPE program is available for design patent infringement on a case-by-case basis. A design patent owner may request that Amazon initiate the evaluation, but there is no guarantee that an NPE will be granted. If a request is granted, the fee for the neutral evaluator is $4,000 for each party, but the winner gets it back. So if you have a strong case, you might end up paying only your attorney’s fee.

Are you an Amazon seller looking to file design patents?

Contact US patent attorney Vic Lin by email at vlin@icaplaw.com or call (949) 223-9623 to see how we can develop and execute a strategy to build a patent portfolio to protect your sales on Amazon.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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