Patent Pending infrigement on my product
Hi there, Amazon community seller group.
I have a product that I invented and has been selling on Amazon (in my storefront) for a little while. The product is under Patent Pending by the USPTO. Recently I found out that a Chinese company has counterfeited my product and is selling it on Amazon. I have placed 2 infringement claims to Amazon and both of them have been rejected.
It appears that Amazon does not care that a product is legally being sold on its platform while other copycats counterfeit that product and sell it on the same platform.
I have given Amazon all the background information, along with the counterfeiting seller's ASIN number and Amazon does not want to take any action.
I understand that having a product under Patent Pending provides little protection until the patent has been granted by the USPTO. Nevertheless, I have spent lots of money with a patent lawyer, as well as on Amazon ads and promotions to have a counterfeiter take advantage of my hard work. That is not the American way nor the dream I have been told. In my opinion, Amazon should take action to stop this type of activity and change its policies to protect sellers like me.
Has anyone in this forum encountered any similar situation with products designed and manufactured that are under patent pending?
Any supporting data and suggestions will be greatly appreciated.
Patent Pending infrigement on my product
Hi there, Amazon community seller group.
I have a product that I invented and has been selling on Amazon (in my storefront) for a little while. The product is under Patent Pending by the USPTO. Recently I found out that a Chinese company has counterfeited my product and is selling it on Amazon. I have placed 2 infringement claims to Amazon and both of them have been rejected.
It appears that Amazon does not care that a product is legally being sold on its platform while other copycats counterfeit that product and sell it on the same platform.
I have given Amazon all the background information, along with the counterfeiting seller's ASIN number and Amazon does not want to take any action.
I understand that having a product under Patent Pending provides little protection until the patent has been granted by the USPTO. Nevertheless, I have spent lots of money with a patent lawyer, as well as on Amazon ads and promotions to have a counterfeiter take advantage of my hard work. That is not the American way nor the dream I have been told. In my opinion, Amazon should take action to stop this type of activity and change its policies to protect sellers like me.
Has anyone in this forum encountered any similar situation with products designed and manufactured that are under patent pending?
Any supporting data and suggestions will be greatly appreciated.
2 replies
Jim_Amazon
Hello @Seller_I685BG7d2ESn3
Unfortunately, in order to report infringement on a patent, that patent will need to be fully accepted.
Trying to go down another route, are these sellers listing under your product or are they separate listings?
Looking forward to hearing from you!
-Jim
Seller_vKH2YDpdKTOPK
Jim_Amazon is correct - "patent pending" gives you no rights at all. I had the same situation early in my career where we had a patent pending. I asked my patent attorney about it and he explained that you can file a patent application for anything - for instance on 'the wheel'. Of course the patent examiner will reject that and you won't have a patent. And you won't be allowed to enforce your pending patent until the patent office has approved it.
