Updated Neutral Patent Evaluation Rules & Agreement with Amazon.com.
Amazon’s Neutral Patent Evaluation Process Stops Baseless Intellectual Property Claims
Intellectual property holders (including patent owners) have to diligently monitor Amazon.com for counterfeit goods. Sellers of products, many of whom rely on the ecommerce platform for their main source of income, must also protect themselves against potential claims of infringement or risk an account suspension.
Amazon’s Patent Evaluation tool enables these parties to resolve disputes by utilizing a private attorney as an arbitrator, which can lead to quicker resolutions, saving time and money for all.
In Neutral Patent Evaluation, a neutral evaluator reviews a patent infringement claim against third-party product listings on amazon.com. The evaluator will make a yes/no decision about whether the patent covers the product listings. The evaluator may decide that the patent does not cover the product listings because: they do not infringe (i.e., include all elements of the asserted claim); a court has found the patent invalid or unenforceable; or the accused products (or physically identical products) were on sale more than one year before the earliest effective filing date of the patent. Amazon will comply with the evaluator’s decision pending any litigation or settlement between the patent owner and third-party sellers.