Letter of Non-Infringment for Patent Claim
Has anyone had any success with submitting a letter of non-infringement for a patent infringement claim?
I submitted mine over a month ago for 3 different variation ASINs and still have not gotten a human response. Recently it was rejected for one of the ASINs and the canned response was that I need to submit “any of the following documents” which mentions the letter of non-infringement.
I attempted to re-submit the document over 10 times to get only get auto response emails (within 5 seconds of submitting) stating that I need to submit additional information or the required documents which specifically states “Letter of non-infringement from legal counsel”. In the letter my attorney clearly states and proves how my product does not infringe on an existing patent.
I called Account Health in customer service and per usual they are ZERO help. I spoke with two different agents and they basically repeated what was on the canned email.
If Amazon provided specific feedback as to why the document cannot be accepted, that would be a great help but that has never been the case with any customer service situations and I don’t see this improving anytime soon.
At this point it is time to get my legal team involved.
Letter of Non-Infringment for Patent Claim
Has anyone had any success with submitting a letter of non-infringement for a patent infringement claim?
I submitted mine over a month ago for 3 different variation ASINs and still have not gotten a human response. Recently it was rejected for one of the ASINs and the canned response was that I need to submit “any of the following documents” which mentions the letter of non-infringement.
I attempted to re-submit the document over 10 times to get only get auto response emails (within 5 seconds of submitting) stating that I need to submit additional information or the required documents which specifically states “Letter of non-infringement from legal counsel”. In the letter my attorney clearly states and proves how my product does not infringe on an existing patent.
I called Account Health in customer service and per usual they are ZERO help. I spoke with two different agents and they basically repeated what was on the canned email.
If Amazon provided specific feedback as to why the document cannot be accepted, that would be a great help but that has never been the case with any customer service situations and I don’t see this improving anytime soon.
At this point it is time to get my legal team involved.
1 reply
Emet_Amazon
Hello @Seller_LXKA9XBAAB7Cj,
Thank you for posting your concerns with a patent infringement claim.
Has anyone had any success with submitting a letter of non-infringement for a patent infringement claim?
I submitted mine over a month ago for 3 different variation ASINs and still have not gotten a human response. Recently it was rejected for one of the ASINs and the canned response was that I need to submit “any of the following documents” which mentions the letter of non-infringement.
As letter of non-infringement is still a document that can be accepted but in my experience I have not seem many of them accepted. The review teams never provide the reason for the rejection of these documents so I cannot advise why this may occur but I can recommend that if the issue cannot be resolved with this letter, or retraction from the rights owner, communicating next steps with your legal council may be your only recourse. Per our intellectual property policy for sellers, you will need to follow your notification.
These notices will commonly ask for:
- A letter of non-infringement
- A court order stating your are allowed to sell the product
- Resolve the issue with the rights owner
Depending on the exact situation, the notice may include more information and details but this summarizes the requirements. If you can resolve this externally with the rights owner, they can issue a retraction, otherwise your legal council can help with obtaining a court order.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
