How to Avoid Design & Utility Patent Complaints with Amazon’s Neutral Patent Evaluation Program
You have a ton of strength through good information.
First, let me explain the difference between a design patent and utility patent.
A design patent is basically how a product looks, and a utility patent is basically how a product functions. Design patent complaints are increasing on Amazon and the way to beat a design patent complaint is through an evaluation called the Egyptian Goddess Test.
Basically, you look at your product, look at the other product, and evaluate if you changed it enough. Did you improve it enough so that the product is different / no longer a design patent violation?
You can think of the Egyptian goddess test like the duck test. Here’s the duck test… If it looks like a duck and it quacks like a duck, it’s probably a duck. If your changes are insignificant and really didn’t change the product much, you’re probably violating. If your changes/improvements to that product did significantly change that product, then you’re probably not.
Now, when it comes to utility patents, Amazon has a great service where we’re having tremendous success. It’s called the Neutral Patent Evaluation Program.
Under this program, you file a complaint with Amazon, you request an arbitrator to look at your complaint, and at the other product to decide whether or not there is or not a violation. If the other side pays their share, then you get an evaluation.
Now, if whoever you’re making that complaint against does not respond at all, then you win by default. It is a great program. Amazon’s Neutral Patent Evaluation program has been a great bonus for Amazon sellers who own patents and also for Amazon sellers who do not own patents.
Information is power and we provide more information to Amazon sellers than any other website on earth (at least, as far as I’m aware of).
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