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Utility Patent—A Nightmare Turned Lesson
Published:
January 05, 2025
Category:
Amazon Patents
Client:
Oceanthemes
Dealing with a patent infringement complaint on Amazon is like stepping into a legal battlefield. Even if you have legitimate rights to your product, a single complaint can jeopardize your listings and your brand’s reputation. Understanding whether it’s a design or utility patent at play, figuring out your next steps, and resolving the matter swiftly is crucial to minimizing the damage and regaining control of your business.
Utility Patent
One of our clients sold a post-operative product with three design patents and had been thriving for seven years. When we optimized her listings and PPC campaigns, her sales started to soar. However, the success was short-lived. A competitor from the UK filed a utility patent infringement complaint and had 15 of her listings taken down.
We initially argued our client’s case, citing her design patents, but the reality hit hard: the UK competitor’s utility patent was much stronger. We collaborated with a U.S. patent attorney, who revealed the depth of the competitor’s legal hold. Ultimately, we negotiated a contract to pay royalties for selling under her utility patent.
Lesson learned:
Always verify utility patents alongside design patents before launching products.
