Recently, I encountered a situation that many sellers may find frustrating and unfair. One of the products I’ve been successfully selling on Amazon for quite some time was hit with a patent violation claim. What made this situation particularly surprising is that the design in question had only just been registered a few days prior to the claim being made. This left me wondering how such a claim could be considered valid when the product has been in the market for a while, not only on my store but also across multiple Amazon channels.
According to the rules of patent registration, a patent should not be granted if a product has already been sold in the market prior to the patent's registration. Yet, in this case, it appears that the claimant has taken advantage of the system, registering a patent for a design that was already in use. This is not only a violation of the principles of patent law, but it also places unnecessary pressure on sellers like me, who operate ethically and follow all required regulations.
After receiving the violation notice, I contacted Amazon’s Account Health Team to dispute the claim. However, I was told that Amazon could not interfere with the patent issue as the UK government had already approved it. They explained that they are obligated to act based on the patent registration documents. Despite the clear timeline of events—that the product had been on sale long before the patent was registered—Amazon is bound by the patent approval, regardless of the context.
To resolve the situation, I was advised to submit invoices proving the sale of the product before the patent was registered, which I have already done, and I’m currently awaiting a response. This process has highlighted a significant flaw in the system: Amazon does not appear to cross-check the patent registration date with the product's selling history to determine the validity of a claim. This oversight allows for false claims to slip through, hurting genuine sellers in the process.
My experience shows that there is a need for Amazon to adopt a more thorough review process when dealing with patent violations. By cross-referencing patent registration dates with the product's history on the platform, they can more accurately assess whether a claim is valid or falsely made. This would protect sellers from being wrongfully penalized and maintain fairness on the platform.
As sellers, we put immense effort into building our businesses, and the integrity of the marketplace is crucial to our success. I hope that Amazon can improve their processes to prevent issues like this in the future and support sellers who operate within the bounds of the law.
