Amazon Plan of Action for a Patent Complaint
Patent complaints are the hardest of the three intellectual property categories, because you cannot talk your way out of a patent. Either it does not cover your product, which takes a legal opinion to establish, or it does, and the product has to go.
Policy reference: Amazon Intellectual Property Policy
Is this your violation?
- •The notice cites a patent number alongside the complaint ID
- •It names a utility patent or a design patent
- •The product is a popular design sold by many near-identical listings
- •You may have been routed into the Amazon Patent Evaluation Express process
What Amazon wants to see
- ✓Removal of the infringing product or evidence the complaint is invalid
- ✓A retraction from the patent holder, or legal documentation showing the patent does not apply
The three-part structure
Every Amazon plan of action answers the same three questions, in this order. Skipping one is the most common structural mistake.
- 1. Root cause. What went wrong, stated as a fact about your own operation. Not what Amazon misunderstood.
- 2. Corrective actions. What you have already done, with dates. Past tense throughout.
- 3. Preventive measures. The system that stops it recurring. A process, not a promise to be careful.
Root cause examples
Pick the one that is true for you and rewrite it in your own words with your own specifics.
- I sold a product that infringed on a utility or design patent without being aware the patent existed
- My supplier manufactured a product that infringed on a third-party patent without disclosing this to me
Corrective action examples
Replace every bracket with your real supplier, brand, or date.
- I immediately removed the ASIN from my catalog on [DATE] and disposed of remaining inventory
- I obtained a legal opinion confirming that the patent [NUMBER] does not apply to my product and submitted this to Amazon
- I contacted the patent holder and obtained a retraction letter on [DATE] after licensing negotiations
Preventive measure examples
- Before sourcing any new product, I will conduct a patent clearance search on the USPTO database
- I will require my suppliers to provide written confirmation that their products do not infringe on third-party patents before placing purchase orders
Evidence to attach
- •The complaint ID and patent number cited
- •Retraction from the patent holder if resolved
- •Legal opinion letter if you believe the patent does not apply to your product
Mistakes that get this appeal rejected
- ✗Appealing without removing the product
- ✗Claiming ignorance as the sole defense without a corrective action
Questions sellers ask
Can I argue that the patent does not apply?
You can, but Amazon expects a written opinion from a patent attorney rather than your own reading of the claims. Without that document the argument rarely moves the case.
My supplier said the product was safe to sell. Does that help?
It explains how you got here but does not resolve the complaint. Use it in the root cause, then show the sourcing requirement you added so suppliers now confirm patent clearance in writing.
What happens to my remaining inventory?
It cannot be sold on Amazon while the complaint stands. Removing or disposing of it is part of the corrective action, and Amazon reads a removal order as proof that you acted.
Not sure this is your violation?
Paste your Amazon notice and our classifier tells you which policy was cited and which questions your appeal has to answer. Free, and no account needed.
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