Amazon APEX Patent Program (2025 Guide)

Amazon APEX Patent Program Explained (2025 Video Guide)

Patent disputes on Amazon can be expensive and slow. Amazon’s APEX (Amazon Patent Evaluation Express) Program offers a faster, lower-cost way to resolve utility patent infringement claims without going to court. This video breaks down how APEX works, who qualifies, and what risks sellers and patent holders should consider.

What Is the Amazon APEX Program?

APEX is a patent dispute resolution system created by Amazon for utility patents. Instead of traditional litigation, both parties can submit arguments to a neutral third-party evaluator who makes a determination within ~7 weeks.

Who Can Use the APEX Program?

• You must own a valid U.S. utility patent
• Your brand must be enrolled in Amazon Brand Registry

How the APEX Process Works

1. Initiation: Patent owner submits a claim naming up to 20 ASINs
2. Agreement: If the seller agrees, both parties submit a $4,000 fee
3. Evaluation: The evaluator reviews both sides' written arguments
4. Decision: Within 14 days, Amazon is advised whether to remove the listing

Transcript

0:00 Amazon APEX Patent Program — In the fast-paced world of e-commerce, patent infringement disputes can be both time-consuming and costly.

0:10 To address this, Amazon introduced the Patent Evaluation Express or APEX Program.

0:14 This program offers a streamlined and cost-effective alternative to traditional litigation for resolving patent disputes on its platform.

0:24 The APEX Program is designed to handle patent infringement claims efficiently, allowing U.S. utility patent owners to enforce their rights against alleged infringing products listed on Amazon.com.

0:35 A neutral evaluator assesses whether an accused product is likely infringing a specified patent claim.

0:43 If infringement is found likely, Amazon removes the offending product listing.

0:48 To participate, the patent must be an active U.S. utility patent and the patent owner’s brand must be enrolled in Amazon’s Brand Registry.

0:58 The APEX process involves several key steps:

1:01 Initiation: The patent owner submits an APEX agreement to Amazon specifying one patent claim and up to 20 ASINs of accused products.

1:12 Evaluation: If the seller agrees, both parties submit a $4,000 fee to a neutral evaluator.

1:18 The evaluator reviews written arguments over a 14-day period.

1:26 Decision: Within 14 days, a decision is issued on whether the seller is likely to have infringed.

1:33 The program is cost-effective and faster than court, typically taking ~7 weeks.

1:46 But there are risks—sellers who opt out of the program can file a declaratory judgment lawsuit instead.

1:55 Want to learn more? Visit amazonsellers.attorney and consult with our registered patent attorney.

Frequently Asked Questions

Is the APEX Program legally binding?

No, but Amazon follows the neutral evaluator’s decision by removing listings if likely infringement is found.

Can I appeal the outcome of an APEX review?

No formal appeal exists within the program, but you may challenge the result in court or through Amazon escalation if new evidence arises.

Can a seller refuse to participate?

Yes. In that case, the patent owner can still take traditional legal action. Amazon does not remove the listing unless infringement is confirmed via APEX or court ruling.

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