Amazon has encountered instances of mutual patent complaints, and their audit process has been exploited by malicious sellers.
My patented product was reported and taken down by another seller's patent. The two patent certificates are completely different, and the products are also completely different. Why did Amazon identify them as the same product? Both products have their own patent certificates, so why is there a problem of mutual patent complaints? I submitted my product's patent certificate to Amazon and explained that this product has its own patent. The complainant's patent is completely unrelated to mine. The products and patents are two different legitimate product patents. The only similarity is that they are both toys. Please ask Amazon to check my certificate. I don't understand why Amazon isn't looking at my patent certificate. If Amazon insists on claiming that my product infringes on someone's rights, then what use is my patent? Why doesn't Amazon consider the patent certificate issued to me by the United States Patent Office? I have explained to Amazon that the suspension was a mistake, and my product does not infringe on the brand's intellectual property rights. After making several modifications and resubmitting, I received the same response. Please, experienced individuals, tell me how to handle this!
Amazon replied to me with the following information:
We have received your submission, but at the moment, the information provided is not enough to reinstate your product. To have your product reinstated, please provide any of the following documents as proof that your product is genuine:
-- A revocation request directly sent to Amazon by the rights holder. You can find the contact information of the rights holder in the communication you received regarding the suspension of your product.
-- An invoice directly issued by the rights holder, indicating that your product is an original item and was purchased directly from the rights holder. You can find the contact information of the rights holder in the communication you received regarding the suspension of your product.
-- Court orders, temporary restraining orders, injunctions, or affidavits, or a non-infringement certification issued by a legal advisor.
Was your product suspension a mistake?
If you believe that our decision was incorrect, please let us know the reasons. Your reply should explain why you believe that your product does not infringe on the brand's intellectual property rights and should include the aforementioned documents proving the authenticity of your product.
Amazon has encountered instances of mutual patent complaints, and their audit process has been exploited by malicious sellers.
My patented product was reported and taken down by another seller's patent. The two patent certificates are completely different, and the products are also completely different. Why did Amazon identify them as the same product? Both products have their own patent certificates, so why is there a problem of mutual patent complaints? I submitted my product's patent certificate to Amazon and explained that this product has its own patent. The complainant's patent is completely unrelated to mine. The products and patents are two different legitimate product patents. The only similarity is that they are both toys. Please ask Amazon to check my certificate. I don't understand why Amazon isn't looking at my patent certificate. If Amazon insists on claiming that my product infringes on someone's rights, then what use is my patent? Why doesn't Amazon consider the patent certificate issued to me by the United States Patent Office? I have explained to Amazon that the suspension was a mistake, and my product does not infringe on the brand's intellectual property rights. After making several modifications and resubmitting, I received the same response. Please, experienced individuals, tell me how to handle this!
Amazon replied to me with the following information:
We have received your submission, but at the moment, the information provided is not enough to reinstate your product. To have your product reinstated, please provide any of the following documents as proof that your product is genuine:
-- A revocation request directly sent to Amazon by the rights holder. You can find the contact information of the rights holder in the communication you received regarding the suspension of your product.
-- An invoice directly issued by the rights holder, indicating that your product is an original item and was purchased directly from the rights holder. You can find the contact information of the rights holder in the communication you received regarding the suspension of your product.
-- Court orders, temporary restraining orders, injunctions, or affidavits, or a non-infringement certification issued by a legal advisor.
Was your product suspension a mistake?
If you believe that our decision was incorrect, please let us know the reasons. Your reply should explain why you believe that your product does not infringe on the brand's intellectual property rights and should include the aforementioned documents proving the authenticity of your product.
1 respuesta
Sonny_Amazon
Hello @Seller_6vMsmKl0CDFux,
Sonny from Amazon here checking in on your thread for the Patent Infringement you are working through. Thank you for reaching out and providing such detail in your explanation, now let's consider some key points-
When a Patent Infringement is filed on one of your products we provide you the details of the Right's Owner's contact information as well as their Patent number being used- which is verified by the evaluation team - so that you have the details being used in claiming your product infringes on the Patent provided.
In this instance, the Amazon Patent Evaluation Express may have been used and you were given the opportunity to participate in the evaluation.
We have received your submission, but at the moment, the information provided is not enough to reinstate your product. To have your product reinstated, please provide any of the following documents as proof that your product is genuine:
-- A revocation request directly sent to Amazon by the rights holder. You can find the contact information of the rights holder in the communication you received regarding the suspension of your product.
-- An invoice directly issued by the rights holder, indicating that your product is an original item and was purchased directly from the rights holder. You can find the contact information of the rights holder in the communication you received regarding the suspension of your product.
-- Court orders, temporary restraining orders, injunctions, or affidavits, or a non-infringement certification issued by a legal advisor.
To confirm, you have a valid US Patent on your product? For additional detail and context feel free to share your Public US Patent number here.
Have you consulted any outside legal counsel regarding this matter?
-- Court orders, temporary restraining orders, injunctions, or affidavits, or a non-infringement certification issued by a legal advisor.
Please share additional details and visit the Amazon Patent Evaluation Express help page for guidance.
Best,
Sonny
