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Patent infringement, I own patent
I recently received a patent infringement complaint on one of my products.
I have a design US patent on the product. The patent is in my name, which is the same name as on my amazon account and the same name for my Brand.
I sent the patent to amazon, along with the requested invoice. They wanted a letter of authorization from the rights owner. Since I own the patent I sent a letter explaining I owned the patent and gave authorization for the patent to be used.
This was not enough documentation for amazon and the product was deactivated.
I keep getting the same cut and paste email about needing further documentation, but in fact they have considered the case closed.
The suggestion of getting permission from the person making the claim is unrealistic. Since they are a competitor, they would never give permission.
Is there anything I can do on my own without hiring a patent attorney who specializes in this sort of situation?
3 replies
Emet_Amazon
Hello @Seller_gg9PrLfO3Lbc6,
Thank you for posting your concerns with a patent infringement.
I recently received a patent infringement complaint on one of my products.
I have a design US patent on the product. The patent is in my name, which is the same name as on my amazon account and the same name for my Brand.
I wanted to confirm with you the exact situation, did you receive a patent complaint for your own patent or for a different one?
If this is your patent you can typically show proof of ownership to resolve the situation, however if another rights owner has issued a complaint that your product infringes on their patent, then we can only accept specific documentation to show proof of compliance and resolution
I sent the patent to amazon, along with the requested invoice. They wanted a letter of authorization from the rights owner. Since I own the patent I sent a letter explaining I owned the patent and gave authorization for the patent to be used.
This was not enough documentation for amazon and the product was deactivated.
I keep getting the same cut and paste email about needing further documentation, but in fact they have considered the case closed.
The suggestion of getting permission from the person making the claim is unrealistic. Since they are a competitor, they would never give permission.
With these requests, we're not asking you to obtain permission. A letter of authorization will only be accepted if you "had" authorization from the rights owner to use their patent.
If you feel that your product does not violate this rights owners patent, you will need to resolve it externally with your legal advisor. As stated in our intellectual property for sellers help page, we can accept a court order with proof of non-infringement, or being unenforceable.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
Seller_WZTNXiwblCudf
We faced the same deal. The account health/escalation teams are illiterate and no department is skilled at handling this
We suggest hiring an Amazon escalations lawyer which will make things 10x easier
If you google a few firms pop up
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