Can a Pending Patent Offer Protection Against IP Claims for Amazon Sellers?
As I am in the process of filing a patent for my product, I would like to know if a pending utility patent offers protection if someone files an IP claim against my product. I have learned from a previous experience that selling items from Alibaba without proper research can lead to IP infringement violations and removal of my listings.
Has anyone faced a similar situation where they had a pending patent and still received an IP claim? If so, how were they able to reactivate their listings? Based on my research, once an IP claim is filed against a seller, it is difficult to reactivate the listing without a Letter of Authorization (LOA), and lawyers seem to be of no help. Even if the items are different, sellers are presumed to be infringing, and non-infringement letters from lawyers don't seem to be effective.
In light of this, I would like to be proactive and follow the proper channels to prevent financial loss. Are there any suggestions or articles that can help me avoid this situation?
Can a Pending Patent Offer Protection Against IP Claims for Amazon Sellers?
As I am in the process of filing a patent for my product, I would like to know if a pending utility patent offers protection if someone files an IP claim against my product. I have learned from a previous experience that selling items from Alibaba without proper research can lead to IP infringement violations and removal of my listings.
Has anyone faced a similar situation where they had a pending patent and still received an IP claim? If so, how were they able to reactivate their listings? Based on my research, once an IP claim is filed against a seller, it is difficult to reactivate the listing without a Letter of Authorization (LOA), and lawyers seem to be of no help. Even if the items are different, sellers are presumed to be infringing, and non-infringement letters from lawyers don't seem to be effective.
In light of this, I would like to be proactive and follow the proper channels to prevent financial loss. Are there any suggestions or articles that can help me avoid this situation?
4件の返信
Seller_4zBzdtgCyS9EI
Truth is, there are unscrupulous sellers out there that will attack your listing rather than sharing sales. There is NO protection from this. They have many different ways of doing it, including fake feedback and reviews and yes, claims of counterfeit and patent violations and Amazon just shuts down your listing, helping them out to scam you successfully. Purchasing mass produced items from Alibaba or whatever and making minor changes, adding something, or branding packaging and calling it a new brand, will upset sellers that already sell this product under their own brand....
Seller_vKH2YDpdKTOPK
Having a pending utility patent provides you with no protection against an IP claim. In fact, having an issued utility patent also provides you no protection against a claim from another patent holder as it is possible that you used their patented invention and made patentable improvements on it.
An issued patent is effectively a license to enforce your intellectual property but does not provide a defense against others.
