Design and Sold from 2021 Removed Due to 2023 Patent Complaint
Our product was first listed in 2021, while the competitor filed the patent in 2023. They have now filed an infringement claim against our new ASIN (launched in 2024), which is only a different color variant of the original product. Since our product was publicly available well before the patent was filed, the infringement claim is invalid.
At the same time, there are numerous sellers on the market offering products identical to the patented design, most of whom have been selling since 2022 or earlier — well before the patent was filed in 2023.
In our appeal letter submitted to Amazon, we included the ASIN and sales order numbers of our product from 2021, and listed other ASINs that feature the exact same design as the patent — all of which were already being sold before the patent was filed, along with their listing dates. Despite providing this evidence, Amazon has still rejected our appeal.
Could you please advise if there are any other options to re-appeal this case, aside from engaging a lawyer (which involves additional costs)?
Design and Sold from 2021 Removed Due to 2023 Patent Complaint
Our product was first listed in 2021, while the competitor filed the patent in 2023. They have now filed an infringement claim against our new ASIN (launched in 2024), which is only a different color variant of the original product. Since our product was publicly available well before the patent was filed, the infringement claim is invalid.
At the same time, there are numerous sellers on the market offering products identical to the patented design, most of whom have been selling since 2022 or earlier — well before the patent was filed in 2023.
In our appeal letter submitted to Amazon, we included the ASIN and sales order numbers of our product from 2021, and listed other ASINs that feature the exact same design as the patent — all of which were already being sold before the patent was filed, along with their listing dates. Despite providing this evidence, Amazon has still rejected our appeal.
Could you please advise if there are any other options to re-appeal this case, aside from engaging a lawyer (which involves additional costs)?
0 replies
Julia_Amzn
Hello @Seller_jVW2Ne464Z7IG,
Thank you for reaching out.
Can you clarify whether the infringement involves Design Rights or Patent rights?
Best regards, Julia.
Seller_jVW2Ne464Z7IG
Problem solved !!!!!
For those who may need it. Hopefully, you'll never have to use it.
You need to provide the following evidence:
A screenshot of the product listing showing the launch date, including the URL, product image, and the "Date First Available" (or equivalent) clearly visible.
Sales record screenshots, covering the period from the earliest order to the present. You may select representative orders — it’s not necessary to include all of them.
Customer review screenshots, including the URL, the review date, and an image of your product that matches the design in question.
All dates in the evidence must predate the competitor’s design registration date.
Additionally, do not only provide the product ASIN and expect the examiner to look up the dates themselves — they simply won’t do it. Instead, you must organize the evidence thoroughly and clearly, presenting it in such a way that even someone with no prior knowledge can understand it at a glance. Treat the reviewer as if they know nothing — make it foolproof and self-explanatory.
