Amazon Patent Evaluation Express, or APEX, gives patent owners a way to challenge potentially infringing products sold on Amazon.com. It also gives accused sellers an opportunity to explain why their products do not infringe.
A neutral evaluator reviews written arguments and supporting evidence. Amazon then uses the decision to determine whether the reported listings should remain available.
APEX covers eligible, unexpired U.S. utility patents. Design patents and patents issued outside the United States do not qualify.
Starting an evaluation
Patent owners or authorized agents can request APEX through Brand Registry's Report a Violation tool. The request identifies the patent, the claim being asserted, and the affected Amazon Standard Identification Numbers, or ASINs.
Before submitting, the patent owner should compare the claim's requirements with the accused product. Photographs, instructions, and technical specifications can help explain that comparison. Two products looking similar is not enough to establish that they use the same patented features.
The seller's response and setup
Under the publicly available APEX procedure, an accused seller has three weeks to return the participation agreement. Sellers should follow the deadline in their actual Amazon notice.
If a seller participates, Amazon selects a neutral evaluator and issues payment instructions. The procedure gives participants one week to pay the required deposit. A seller who misses the participation or payment deadline risks removal of the affected listings.
The written submission schedule
Once the required deposits are received, the evaluator sets the schedule:
|
Stage |
Standard period |
|
Patent owner submits its opening arguments |
14 days |
|
Seller submits its response |
14 days |
|
Patent owner submits its reply |
7 days |
|
Evaluator issues the decision |
Within 14 days after the reply deadline |
The standard submission periods and decision window add up to seven weeks. This does not include the time needed for the initial request, seller participation, evaluator selection, or payment. Extensions or requests for additional information may affect the schedule. Participants should follow the deadlines in their Amazon notice and the evaluator's instructions.
Preparing before the deadlines
Sellers should begin gathering product specifications, instructions, photographs, and information from the manufacturer when the notice arrives. These materials help explain how the product works and support the written response.
Patent owners should prepare their comparison of the patent claim and the accused product before requesting an evaluation.
How Ford Banister LLC Helps With an APEX Evaluation
Ford Banister LLC assists patent owners bringing APEX complaints and sellers responding to them. Our work starts with reviewing the patent, the accused product, and Amazon's notices, then preparing the written submissions required for the evaluation.
Reviewing the patent and product
For patent owners, we assess whether the product evidence supports a complaint under the selected patent claim. For accused sellers, we examine the allegation and compare the product's features with the claim's requirements to identify potential grounds for a response.
We also identify gaps in the evidence, including technical specifications, photographs, instructions, or information that may need to come from the manufacturer.
Preparing the request or response
For a patent owner, we can prepare the APEX request, identify the affected ASINs, and organize the supporting evidence. For a seller, we review the participation notice, explain the response requirements, and assist with the participation documents.
Before proceeding, we explain the evaluation's scope, deposit requirements, and deadlines so the client understands what participation involves.
Handling the written submissions
We prepare the patent owner's opening arguments and reply, or the accused seller's response. Each submission connects the legal argument to the relevant product evidence.
During the evaluation, we track deadlines and handle permitted communications with the evaluator, including responses to requests for clarification or additional information.
Reviewing the result
After the evaluator issues a decision, we explain what it means for the affected listings and review any follow-up instructions from Amazon. If Amazon's handling of the affected listings appears inconsistent with the decision, we can help request clarification or correction from Amazon.
What happens after the decision?
The evaluator decides whether the patent owner is likely to prove infringement. If the decision favors the patent owner, Amazon removes the affected listings. If it favors the seller, Amazon does not remove those listings on the basis of that evaluation.
A patent owner may also use the resulting APEX ID in later reports of potential infringement. Amazon uses the earlier evaluation when reviewing those reports.
To discuss an APEX matter, contact us with the patent number, affected ASINs, and any notice received from Amazon.