For cross-border sellers, infringements will come to them unexpectedly, and the most common one is appearance patent infringement. Once they step on the pit and are complained, the listing will be removed from the shelves, and the funds will be frozen and the store will be closed. The loss is incalculable.

01 What is patent infringement? How to judge?

There are three main types of patents: design patents, utility model patents and invention patents.

Appearance design patent: A new design that is aesthetically pleasing and suitable for industrial applications made for the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern.

Utility model patent: a practical new technical solution proposed for the shape, structure or combination of the product.

Invention patent: a new technical solution proposed for a product, method or its improvement.

Patent infringement refers to the infringement caused by the unauthorized use of other people's patented technology for products without independent patents.

The most common patent infringement of Amazon is the appearance patent infringement. As long as the appearance, pattern, color or combination of the product is more than 60% similar to the target patent, it will be considered an infringement.

02 How to deal with patent infringement complaints/suits received?

Don't panic when you receive an infringement notice, follow the steps below:

1) Preliminary judgment

Clarify who the other party is and what may lead to the alleged infringement.

2) No infringement/infringement is disputed

Write a POA to clarify that you have no infringement, and provide relevant information to prove it.

3) Indeed infringement

Confirm the allegedly infringing products and immediately delete the relevant product pictures and sales links. At the same time, according to Amazon's official requirements, contact the complainant to negotiate the withdrawal of the lawsuit, and then submit the relevant withdrawal materials to Amazon.

If you have contacted the other party for many times and have not received a reply, you can entrust an attorney to contact the other party and negotiate a solution, so as to avoid legal risks and even high compensation due to failure to take timely measures and negotiate with the rights holders.

Amazon’s infringement emails generally contain important information such as the reason for the infringement, information on the complainant, ASIN number, official opinions, etc. The seller can judge based on this information. If there is indeed an infringement, the infringing product must be removed from the shelves in time.

03 How to avoid the risk of patent infringement?

Patent infringement complaints are frequent, and sellers should take precautions and avoid infringement risks as much as possible. Maimai has compiled some small suggestions, hoping to be helpful to you.

1) Self-examination of products to avoid infringement

When selecting products, investigate and understand the product you choose, and check whether the same product is already on sale before putting it on the shelves? Is it highly similar to the product appearance of a well-known brand?

2) Understand the supply information of the product

Find out from the factory or supplier that the product is self-developed? Or imitate others? Where do product design ideas come from? Is there a patent? Which sellers are these products supplied with?

3) Understand the source details

Many suppliers supply to different sellers at the same time, and it is very common to sell different brands of the same product on the platform. Such sellers should ask the details of the source of goods to confirm whether the supplier is the real patentee.

4) File patent applications in a timely manner

The products developed by ourselves must apply for patents in advance before they are sold publicly, so as not to give opportunities to squatters.

Amazon has zero tolerance for infringements by sellers. Patent infringements are directed at products. At the same time, all sellers should also enhance their awareness of patent protection and apply for patents in time to protect their products.