How to Argue Design Patent Differences in Products
Our client received a design patent complaint. Design patents protect the appearance of a product. When comparing our client’s product with the patented product, there were significant differences between the two. One example was that the patented product was much smaller than that of our client’s.
Many sellers are not aware of the laws behind patent complaints. In layman’s terms, the more different the two products are, the better. Design patents are only considered to be infringed upon if our client’s design is so similar to the design of the patent that a consumer who’s familiar with what is called “prior art” is unable to distinguish between products. Usually for our clients, we’re able to identify the differences between design patents and our client’s design, such that we can overcome many claims of design patent infringement.
When drafting an appeal for patent infringement, one must remember to be concise. Amazon is not interested in hearing about why you think the claim is not legitimate. They want to know what the standard is, and why you believe this complaint is not valid.
Our plan of action clearly stated the standard of design patents and further explained how the two products were substantially different. Ultimately, we were able to assist our client and his ASIN was reinstated.
Intellectual Property Complaints Against Amazon Sellers
For assistance in resolving patent issues, call for a free consultation: 1-877-9-SELLER.