How to Get Patent Pending on Amazon

How to get a patent pending on Amazon

Table of Contents

As an Amazon seller, you know that protecting your intellectual property is critical to the success of your business. One way to do this is by obtaining a patent on your unique product or invention. Not only can a patent help prevent others from copying your idea, but it can also give you a competitive advantage in the marketplace. In this article, we will explore how to get the patent pending on Amazon.

In this article, when we refer to a patent, we specifically mean a utility patent. However, it is important to note that certain benefits discussed below can also be obtained by filing a design patent. For more information about design patents, you can read further by following this link: 

5 Reasons Amazon Sellers Should Consider Filing a Design Patent Over a Utility Patent 

First, it is important to understand what a patent is and how it works. A patent is a legal right granted by the government that gives the patent holder exclusive rights to make, use, and sell an invention for a certain period of time. This means that no one else can produce or sell the patented invention without permission from the patent holder.

The invention can be a product or a process that, in general, provides a new way of doing something or offers a new technical solution to a problem.

To get a patent pending on Amazon, you will need to follow a few steps:

  1. The first step is to determine whether your invention is eligible for a utility patent.
  2. The second step is to conduct a patent search to make sure that your invention is new and non-obvious. You can do this by using the United States Patent and Trademark Office (USPTO) database or by hiring a patent attorney to conduct the search for you.

Once you have determined that your invention is patentable, the next step is to file a provisional patent application with the USPTO. This application establishes a filing date for your invention and gives you a year to file a non-provisional patent application. The non-provisional application is a more detailed and comprehensive document that includes a complete description of your invention, detailed drawings and claims that define the scope of your invention.

After you have filed your provisional patent application, you can begin selling your product on Amazon with the designation “patent pending.” This designation alerts others that you have filed for a patent and that they may be infringing on your rights if they copy your invention.

It is important to note that obtaining a patent can be a lengthy and expensive process. It can take several years and thousands of dollars to obtain a patent, and there is no guarantee that your application will be approved. Additionally, if you do receive a patent, you will need to enforce it yourself by taking legal action against infringers.

“Obtaining amazon patents”

Despite the challenges and costs associated with obtaining a patent, it is important to remember that there are many benefits to doing so. By securing a patent, you can protect your invention from being copied by others, giving you a competitive advantage in the marketplace. Additionally, a patent can increase the value of your business and potentially lead to licensing or franchising opportunities. Ultimately, obtaining a patent can be a smart investment for Amazon sellers who are serious about protecting their intellectual property and maximizing their business potential.

When should you consider starting the process of obtaining a patent?

If you have a unique and marketable invention, it is recommended to begin the process of obtaining a patent as soon as possible. Once you publicly disclose your invention or offer it for sale, you have one year to file a patent application in the United States. Therefore, it is wise to consult with a patent attorney early on to determine the best strategy for protecting your intellectual property. Waiting too long to file a patent application can result in missed opportunities and potential infringement issues, so it is better to be proactive rather than reactive when it comes to securing a patent. Obtaining a patent can also give you the option to get into Amazon’s neutral patent evaluation program.

Is your invention not unique or innovative enough?

However, there are situations where it may not be necessary or advisable to pursue a patent. For example, if your invention is not unique or innovative enough to meet the requirements for patentability, or if it is not commercially viable or if the market for your product is limited, obtaining a patent may not provide significant value to your business. In such cases, it may be more prudent to focus on other strategies for protecting your intellectual property, such as trade secrets or trademarks. As these questions may be hard to answer, consider approaching a neutral evaluator for a third party’s opinion. 

Ultimately, the decision to pursue a patent should be based on a careful assessment of the potential benefits and risks, as well as a realistic evaluation of your business goals and resources.

Obtaining a patent pending on Amazon

In conclusion, obtaining a patent pending on Amazon can be a valuable way to protect your intellectual property as an Amazon seller. By conducting a patent search, filing a provisional patent application, and using the “patent pending” designation, you can establish your ownership of your invention and deter others from copying it. However, it is important to recognize that obtaining a patent can be a complex and expensive process, and you should consult with a patent attorney to determine whether it is the right choice for your business.