Can I list a (possible) Patent Pending product?
I want to sell something that is not on Google Patents. But I don't know if maybe it's patent pending. Would my listing get blocked if it's pending even if I cannot see if it's pending or not?
Can I list a (possible) Patent Pending product?
I want to sell something that is not on Google Patents. But I don't know if maybe it's patent pending. Would my listing get blocked if it's pending even if I cannot see if it's pending or not?
53 Antworten
Seller_T5Mv3ZCUSh7Zl
Get a lawyer. Amazon doesn’t work like that. You can list anything until the IP Owner, or Police tell Amazon differently.
Seller_fsNHBXJZNVJpE
The patent-pending notice has no legal force in itself. The product or process is not legally protected at that point . However, it warns potential competitors that a patent application has been filed and that they can be sued for patent infringement after the patent is granted if they lift the idea.
Seller_LDiiEqAxHwPZi
“Can
stealingborrowing someone’s idea before they can patent it, to sell their product without their permission, come back to haunt me in the future?”
There is a significantly non-zero possibility that you will see some sort of fallout from the actions you have described in this thread, yes.
Seller_TvaTXH61RRGLO
You can, until somebody complains and you will possibly have your account shut down and you may be sued for royalties.
Seller_VYcXAQEWCJQof
At the 'now-dead-and-buried-point of “Get an attorney” I’ll spell it out for you.
- ANY item that someone is claiming as ‘Patent Pending’, needs to have a ‘Patent Application’ filed with their countries patent office (In the U.S.A. it’s the USPTO).
-IF your patent attorney has performed their due diligence, and completed an exhaustive patent search already, both they and you should already have a good idea if you are potentially infringing on something or not. YES, (unpublished patent applications (submarine patents) can and do exist, that’s just the risk that all inventors & companies have to take. (you can even pay an extra fee to prevent an application from publishing at the 18 month mark)
-Asking if Amazon will remove something here that you offer for sale, is irrelevant; you basically have ZERO protection during the ‘patent pending’ phase of a patent application.
-ONLY after the granting of an actual ‘patent number’ do you theoretically start to have infringement enforcement rights. That basically means that ANYONE can COPY, SELL, PROMOTE,etc a patent pending innovation while it is in ‘pending’ status. Even you.
-Keep in mind, that anyone that DOES have a patented innovation and it appears YOU are infringing, you will have much bigger things to worry about than Amazon removing your listing.
"Get an attorney"
Disclaimer: I’m NOT an attorney, guru, physic or superhero. I used to be, before my therapist took my powers away.
Seller_TMserLw0QU4BR
I found this on the web:
How long does it take for Google Patents to update?
- Google Patents appears to update its database every other month so the data sometimes can be behind the USPTO data by a couple of months or so. You should always check for the latest U.S. patents and published patent applications at the USPTO
So basically, if you are strictly looking for the patent on Google, you could have two months of sales after the patent is approved. The question really should be, “Should I risk my money knowing it may be tied up both in legal fees and potential losses including legal recourse which could be much greater than my sales in the upcoming months?”
Seller_ajHyeBL0zyQLt
Ok here is the deal. Yes as long as it is not “gated” you should be able to sell it with no problems. HOWEVER, once the patent is approved all your inventory is CRAP, DONE, GONE, and god forbid you don’t notice the patent was approved (after several years in my example) you could get hit for 1000+ listings just before Christmas and have to redo over 1000 listings in your catalog along with a slap on the wrist from Amazon in the form of a hidden ban for at least a month or more.
The smart thing to do would be to find a way to sell an item that has an alternative to the patent, BEFORE, the patent is approved, or sell something else entirely.
Seller_9nA4VET03HbSS
My product was in patent pending status for 18 months. It has now been granted. If I had found, or if I find any other company selling a similar product. My ATTORNEY will file a claim to collect any monies generated from selling said product, from those companies for infringement. I have a utility patent and 2 design patents. These were not cheap costing $10,000’s. Proceed at your own peril.
Seller_rm9a2zdejXhO9
patent pending like you already filed? Isn’t one of the things that makes a patent work, it can not be on market prior to patent approval… Just saying…
