Protect Your Products on Amazon with an Experienced Amazon Patent Attorney
Amazon moves fast, and patent disputes on the platform move just as fast. Sleman & Lund LLP guides patent owners and sellers through the Amazon Patent Evaluation Express (APEX) program, from the initial filing to the final decision, so a claim on your listing doesn't turn into a guessing game.
What Is Included in Our Amazon APEX Patent Services
Our patent attorneys handle every stage of an APEX dispute, for rights owners enforcing a patent and for sellers responding to one.
Brand Registry & Patent Eligibility Review
Before a claim goes anywhere, we confirm it fits the program. APEX only covers utility patents, is limited to one claim from a single patent, and can name up to 20 accused ASINs, so we check eligibility against those limits before you file.
APEX Request Preparation & Filing
We prepare and submit the initial request through Amazon Brand Registry, identifying the accused listings and the basis for the infringement claim.
Claim Charts & Infringement Analysis
The evaluator's decision comes down to how well the patent claim maps onto the accused product. We build detailed claim charts comparing claim language to product features, element by element.
Prior Art & Validity Review
A claim that looks strong on paper can fall apart if the underlying patent is vulnerable. We review prior art and validity before you commit resources to a filing, on either side of the dispute.
Evaluator Brief Drafting
Once both parties execute the APEX Agreement, Amazon assigns a neutral evaluator and the clock starts. We draft the written arguments and supporting evidence within the program's briefing windows, which run 14 days for the patent owner's opening arguments and 14 days for the seller's response.
Seller-Side APEX Defense
If you've received an APEX Agreement as a seller, you have 21 days to decide how to respond. We review the underlying patent, walk you through your options, and draft the rebuttal brief if you move forward with the evaluation.
Industries We Serve
APEX disputes turn on how a patent claim maps onto a physical product, so the technology matters. We work across the categories most often involved in marketplace patent disputes.
Medical Devices
Support for patent owners and businesses involved in medical device technologies and products that may be offered through online marketplaces.
Mechanical & Engineering Products
Support for products involving mechanical components, systems, tools, equipment, and engineered technologies.
Automotive & Transportation
Patent support involving automotive components, transportation technologies, and related products sold through online marketplaces.
Software & Technology
Patent analysis involving software-enabled products, technology systems, and related innovations where technical claim interpretation is important.
Electronics
Patent analysis for electronic products, components, devices, and technology-driven consumer products.
Consumer Products
Patent analysis and APEX support involving consumer goods, household products, accessories, and other products sold through Amazon.
Our Amazon APEX Patent Process
A structured process can help ensure that important patent, product, and Amazon-related information is addressed before an APEX submission or response.
Initial Consultation
We discuss the patent, Amazon listings, products involved, and your objectives. This helps us understand the nature of the potential infringement dispute.
Infringement Analysis
We assess the relevant patent claim limitations and develop an infringement or non-infringement position based on the available evidence.
APEX Submission or Response
We assist with preparing the appropriate submission or response and organizing the supporting information for presentation through the applicable Amazon process.
Patent & Product Review
We examine the relevant patent claims and compare them with the accused or allegedly protected product. Technical documentation, Amazon listings, and other available evidence may be reviewed.
Evidence & Claim Chart Development
Relevant technical and documentary evidence is organized to support the position being presented. Claim charts are prepared to clearly connect patent limitations with product features.
Evaluation & Strategic Guidance
We help clients understand the process's implications and evaluate potential next steps based on the outcome. Amazon states that the evaluator is an attorney skilled in patent analysis.
Amazon APEX Matters We Handle
Patent Owner APEX Matters
Support for patent owners evaluating potential infringement involving products or listings sold through Amazon.
Amazon Seller APEX Matters
Guidance for sellers responding to allegations that their products infringe another party's U.S. utility patent.
Utility Patent Infringement Disputes
Analysis of disputes involving qualifying U.S. utility patents and products offered through the Amazon marketplace.
Product & Claim Disputes
Review of the relationship between patent claim limitations and the features or functionality of an accused product.
Marketplace Patent Enforcement
Strategic support for patent owners considering Amazon's APEX process as part of a broader patent enforcement strategy.
Why Choose Sleman & Lund LLP
Strategic Amazon Patent Support Backed by Technical & Commercial Understanding
Patent & Technical Experience
APEX matters can involve detailed questions about patent claims, product functionality, and technical evidence. Our patent-focused approach helps connect these elements when evaluating a dispute.
Focused Claim Analysis
We examine individual patent claim limitations and compare them with the relevant product features to develop a clear understanding of the infringement or non-infringement position.
Multi-Industry Experience
Our experience supporting innovations across software, medical, engineering, transportation, clean energy, and consumer product industries allows us to work with a wide range of technologies and products.
Patent Owner & Seller Perspective
Enforcing patent rights and responding to an infringement allegation call for different approaches. We consider the circumstances from your position and objectives.
Long-Term IP Thinking
An APEX matter may involve specific Amazon listings, but the underlying patent rights can have broader commercial significance. We consider the immediate dispute alongside your broader intellectual property objectives.
Frequently Asked Questions About Amazon APEX
What is Amazon APEX?
Amazon Patent Evaluation Express (APEX) is a process that allows eligible patent owners to request a neutral evaluation of alleged infringement involving Amazon listings. The program is intended for qualifying U.S. utility patents.
Who can use Amazon APEX?
Eligible patent owners or their registered agents may use the APEX process when the patent and alleged infringement meet Amazon's program requirements.
What patents qualify for Amazon APEX?
Amazon's APEX program is designed for eligible registered U.S. utility patents. Design patents, foreign patents, and expired patents generally do not qualify under the program requirements.
Can an Amazon seller challenge an APEX patent claim?
Yes. A seller that opts into the evaluation can present its position regarding the alleged infringement. This can include arguments that the accused product does not satisfy one or more limitations of the asserted patent claim.
What does a patent attorney do in an APEX dispute?
A patent attorney can analyze the asserted patent claims, review the accused product, evaluate infringement or non-infringement arguments, assess supporting evidence, and help develop a strategy for the APEX process.
What happens if the neutral evaluator finds infringement?
If the neutral evaluator determines that the reported ASINs infringe the asserted patent, Amazon may remove those ASINs from its store under the APEX process.
How long does an Amazon APEX evaluation take?
The timing can vary depending on the circumstances and whether the reported seller participates. Amazon has indicated that an initial evaluation may take approximately four to six weeks, while an opted-in evaluation may extend the overall process to approximately 12 to 14 weeks.
Is an attorney required for an Amazon APEX case?
An attorney is not necessarily required to participate in APEX. However, patent infringement disputes can involve complex claim interpretation and technical product analysis. A patent attorney can help ensure that the relevant legal, technical, and evidentiary issues are properly evaluated.
Ready to Act on an
Amazon Patent Dispute?
A claim against your listing, or a competitor copying your product, moves on Amazon's timeline rather than yours. Getting the eligibility and claim analysis right at the start shapes how the evaluation ends.
Discuss your APEX matter confidentially with a patent attorney and understand the options on either side of the dispute.