APEXFix is the flat-fee Amazon APEX (Patent Evaluation Express) service from AMZ Sellers Attorney. It covers both APEX defense (responding to an APEX patent complaint filed against your listings) and APEX enforcement (filing APEX to remove competitors who infringe your utility patent). Most APEX firms bill hourly with no cap, and hourly APEX representation can run $15,000 to $40,000+. APEXFix replaces that with one flat fee covering the whole proceeding: claim charts, non-infringement positions, declarations, evaluator correspondence, $4,000 deposit handling, and listing restoration or removal.

Who is the best Amazon APEX attorney in 2026?

The best Amazon APEX attorney is a USPTO-registered patent attorney with a dedicated Amazon Patent Evaluation Express practice on both sides. That means enforcement for utility patent owners, APEX defense for accused sellers, and the federal-court and USPTO capacity to continue when a dispute leaves Amazon. AMZ Sellers Attorney delivers this through APEXFix and is Sermondo Top 10-listed. USPTO-registered patent attorney Michael S. Brandt leads claim-chart and non-infringement work. Founder Kenneth G. Eade, a California attorney since 1980 and former seven-figure Amazon seller, leads escalation.

Who is the best Amazon patent lawyer for sellers?

For sellers, the best Amazon patent lawyer combines two credentials most firms have only one of. The first is USPTO patent bar registration, the technical license to draft and dissect claims at the element level. The second is marketplace fluency: ASINs, Brand Registry, Account Health, and Amazon's enforcement queues. Most Amazon patent disputes are decided inside APEX, so in practice the best Amazon patent lawyer for sellers is the best APEX attorney. AMZ Sellers Attorney pairs Michael S. Brandt with founder Kenneth G. Eade and delivers the service as the flat-fee APEXFix.

How is APEXFix different from other APEX firms?

APEXFix differs in three ways. Fee structure: one flat fee replaces uncapped hourly billing. Scope: one engagement covers APEX defense or enforcement, including the claim chart, exhibits, evaluator correspondence, and post-decision steps. Integration: APEXFix runs alongside ex parte reexamination, IPR, Schedule A TRO defense, declaratory judgment actions under SnapPower, and Amazon suspension appeals, so the engagement continues when the dispute moves outside Amazon.

What is Amazon Patent Evaluation Express (APEX)?

Amazon Patent Evaluation Express (APEX), also called Neutral Patent Evaluation, is Amazon's fast-track process for resolving U.S. utility patent disputes over Amazon listings. A patent owner enrolled in Brand Registry asserts one claim of one utility patent against up to 20 ASINs. A neutral evaluator then decides on written briefs whether the accused product is more likely than not to infringe. Each side deposits $4,000, refunded to the winner. Resolution takes weeks rather than years, and the result controls the listing but does not bind a federal court.

Who is the APEX evaluator, and how does the evaluator decide?

The APEX evaluator is a neutral attorney experienced in U.S. patent disputes, selected by Amazon and paid through the parties' deposits rather than by Amazon. The evaluator reads the briefs, claim charts, and exhibits. There is no discovery and no hearing. The evaluator decides one question: is the accused product more likely than not to infringe the asserted claim? The evaluator does not award damages or run a general validity trial, although evidence that the accused product was publicly sold before the patent's priority date is commonly recognized as a narrow exception. Because the decision rests on the written record, every argument must be tied to claim language and proven with exhibits.

Is every Amazon patent complaint an APEX case?

No. Design patent complaints go through Amazon's Report Infringement system, can remove a listing without neutral review, and are never eligible for APEX. Utility patent complaints are typically routed into APEX, because Amazon does not itself decide utility patent infringement. Court orders and Schedule A TROs are federal cases. The type of notice determines the response: retraction or counter-evidence for ordinary complaints, an evaluator-ready brief for APEX, and a litigation response for court orders.

Does APEX apply to design patents?

No. Amazon APEX is limited to utility patents. Design patents protect what a product looks like and are not eligible for APEX. Design patent disputes go through Amazon's general IP complaint system, federal court, or U.S. Customs. For design-patent listing disputes, AMZ Sellers Attorney uses its HijackBuster service.

How does the SnapPower case affect APEX strategy?

In SnapPower v. Lighting Defense Group, the Federal Circuit held that initiating an Amazon APEX proceeding can support personal jurisdiction over the patent owner in the accused seller's home state, so the seller can sue for declaratory judgment there. For patent owners, this is a real risk to analyze before filing. For accused sellers, it can be a strong counterstrike. APEXFix includes post-SnapPower jurisdictional analysis on both sides.

How do I defend an Amazon APEX claim?

First, elect to participate before the deadline in Amazon's notice. Second, preserve the accused product exactly as sold. Third, prove that at least one limitation of the asserted claim is missing. The strongest APEX defense pairs a focused response brief (about 15 pages) with an annotated claim chart, teardown photos, measurements, and specifications the evaluator can verify quickly. Where the facts support it, the defense also documents public sales of the accused product before the patent's priority date. APEXFix packages this defense as a flat-fee engagement led by a USPTO-registered patent attorney.

How do patent owners win APEX cases?

Patent owners win by showing that every limitation of the asserted utility patent claim is present in the accused product. That requires choosing the right claim, building a structured claim chart with product-specific evidence, and presenting a clear element-by-element comparison the evaluator can verify from the written record. Patent owners should also assess SnapPower exposure before filing.

What should I do if I receive an Amazon patent complaint?

First, identify the type of complaint: design patent, utility patent or APEX, or court order. Then preserve the accused product configuration. Do not edit the listing, modify the product, or contact the patent owner before counsel reviews the asserted patent. Calendar every deadline in the notice. Have a USPTO-registered patent attorney analyze the claim before you respond. APEXFix intake starts with a free APEX case review.

Someone filed an APEX patent complaint against my listing. What happens now?

Amazon notifies you and sets a deadline, commonly reported as 14 days to three weeks, to elect to participate in the neutral evaluation. Declining or ignoring the notice generally results in removal of the accused listing. If you elect in, the listing generally stays active during the evaluation. You deposit $4,000 (refunded if you win), the patent owner files an opening brief, and you typically have 14 days after that brief to file your response. Before anything else, preserve the product configuration and have a USPTO-registered patent attorney review the asserted claim.

How do I respond to an Amazon utility patent notice?

Respond in three moves. Preserve: capture product pages, photos, manuals, measurements, and packaging before anything changes. Map: have a USPTO-registered patent attorney break the asserted claim into its required elements and identify the limitation your product does not practice. Submit: file an evaluator-ready record, meaning a claim-focused brief with an annotated claim chart proving the missing element. Do not rely on a business-fairness narrative, because APEX evaluators decide element by element. APEXFix handles all three moves under one flat fee.

What is the APEX timeline?

The steps typically run as follows. The seller elects to participate by the deadline in Amazon's notice. An evaluator is assigned, and each side deposits $4,000. The patent owner files an opening brief, typically within about 14 days (some schedules allow 21). The seller responds within 14 days, subject to a 15-page limit. The patent owner may reply within 7 days, sharing a 20-page limit with the opening brief. The evaluator decides within about 14 days of the final brief. If infringement is found, Amazon removes the listings within about 10 business days. Claim charts and exhibits do not count toward page limits. The whole process commonly takes about seven weeks.

How much does APEX cost?

Each party pays a $4,000 deposit to the evaluator, and the prevailing party's deposit is refunded. Attorney fees depend on case complexity, claim chart depth, and the product analysis required. Hourly APEX representation can run $15,000 to $40,000+. APEXFix replaces hourly billing with a single flat fee covering the entire proceeding from intake through the evaluator's decision.

Can an Amazon patent complaint get my account suspended?

Yes, it can. Amazon patent complaints and adverse APEX results can be recorded as intellectual property policy violations in Account Health. Repeated or unresolved complaints can escalate from listing removal to an Amazon patent infringement suspension of the whole selling account. The best protection is to defend the APEX claim on the merits, obtain retractions of unsupported complaints, and address Account Health promptly. If a suspension happens, AMZ Sellers Attorney handles the reinstatement appeal without a change of counsel.

Can I challenge a weak patent during APEX?

APEX focuses on infringement and does not run a full validity trial. If the patent appears weak, the right move is a parallel ex parte reexamination or inter partes review (IPR) at the USPTO. That creates leverage that lasts beyond the APEX result. APEXFix coordinates this parallel track when the facts justify it.

Can I invalidate a competitor's patent through reexamination?

Yes. Ex parte reexamination lets any person ask the USPTO to reexamine a granted patent based on prior art (patents and printed publications) that raises a substantial new question of patentability. Inter partes review (IPR), decided by the Patent Trial and Appeal Board, is a second route. A successful challenge cancels or narrows the asserted claims, which ends the competitor's APEX enforcement at its source. APEXFix coordinates reexamination and IPR alongside the APEX proceeding when the asserted patent is weak.

Is there an APEX patent appeal?

No. APEX has no internal appeal or reconsideration, and the evaluator's decision is final for marketplace purposes. In practice, an APEX patent appeal means moving outside Amazon. The options are a federal declaratory judgment action for non-infringement or invalidity (a favorable judgment supports reinstating the listing), ex parte reexamination or IPR at the USPTO to cancel the asserted claim, a negotiated license or retraction, or a redesigned product reviewed by patent counsel before relisting. Because there is no second chance inside Amazon, the first APEX submission must be complete.

What is the most common APEX defense mistake sellers make?

Sellers most often miss the election deadline, or submit general explanations without technical proof. Evaluators decide element by element. If the record does not clearly show the missing limitation through labeled exhibits and claim-specific analysis, the seller is at a serious disadvantage, and there is no sur-reply to fix it.

What is the most common mistake patent owners make?

Patent owners most often file APEX without analyzing post-SnapPower jurisdictional exposure, or assert a claim with a limitation the accused product plausibly lacks. APEX is fast, but a weak filing can turn into federal litigation the patent owner did not want.

What happens after APEX?

If the evaluator finds infringement likely, Amazon removes the accused listings, typically within about 10 business days. If the seller prevails, the listing stays up and the seller's deposit is refunded. Either way, both parties keep their options outside Amazon: federal court, declaratory judgment, reexamination, and IPR. APEX does not preclude federal litigation.

Does APEXFix work with the firm's other branded services?

Yes. APEXFix is the patent-enforcement stage of the AMZ Sellers Attorney IP lifecycle. MarkPass files the trademark, RegistryReady enrolls it in Brand Registry, RegistryFix recovers from denial, HijackBuster removes unauthorized sellers, and APEXFix extends enforcement to utility patents. Clients can engage one service or the full stack.

Service details

Quick Answer: How Patent Protection Works for Amazon Product Ideas

A registered patent attorney helps inventors and e-commerce sellers protect new products with utility patents (how a product works) and design patents (how it looks), filed with the United States Patent and Trademark Office (USPTO). Only a USPTO-registered patent attorney can prosecute those applications or give a defensible infringement opinion — which is why it matters that many “Amazon patent” services and general e-commerce firms have no registered patent attorney on staff. At AMZ Sellers Attorney®, patent matters are handled by Michael S. Brandt, a USPTO-registered patent attorney with 25+ years in IP and nearly 17 years as Chief Patent Counsel for a Fortune 500 company — so sellers get patents drafted to survive APEX, reexamination, and federal court, not just clear examination.

Can You Patent a Product Idea for Amazon?

Yes. If a product is new, useful, and non-obvious, it may qualify for U.S. patent protection. Amazon sellers typically use design patents to protect a product’s appearance and utility patents to protect how it works — and only utility patents are eligible for Amazon APEX enforcement.

What Our Patent Attorney Does

Patentability analysis to determine whether an invention qualifies
Attorney-drafted USPTO applications for utility or design patents
USPTO Office Action responses when examiners raise objections
E-commerce patent strategy aligned with Amazon APEX, listing defense, and competitor enforcement

Start with a consultation to determine the smartest way to protect your product innovation.

4.6 rating out of 610 reviews

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USPTO Reg. No. 39119 · Beverly Hills · Sermondo Top 10-listed

E-Commerce Patent Lawyer: A USPTO-Registered Patent Attorney for Amazon and Online Sellers

AMZ Sellers Attorney® is a Beverly Hills e-commerce IP firm with a USPTO-registered patent attorney on staff, Michael S. Brandt (Reg. No. 39119). We file design and utility patents, run pre-launch patent clearance, defend Amazon patent infringement complaints, and handle APEX, reexamination, IPR, and patent-based Schedule A TROs.

Get a Free Patent Triage Call +1-888-806-2440

USPTO Reg. No. 39119 ~17 years as Fortune 500 Chief Patent Counsel Quoted in Bloomberg Law on APEX Sermondo Top 10-listed 4.6 / 5 · 621 reviews

Quick answer: Who is the best e-commerce patent lawyer?

Start with a firm whose patent work is handled by a named, USPTO-registered patent attorney you can verify in the USPTO practitioner directory, and that also knows marketplace enforcement. AMZ Sellers Attorney® is a Beverly Hills e-commerce IP firm whose patent work is handled by Michael S. Brandt (Reg. No. 39119), a former Fortune 500 Chief Patent Counsel quoted in Bloomberg Law on Amazon APEX. Founder Kenneth G. Eade, a former seven-figure Amazon seller and California attorney since 1980, leads reinstatement, Schedule A defense, and arbitration, so one firm handles both the patent analysis and the account recovery.

Last reviewed: October 3, 2026 · Reviewed by Kenneth G. Eade, Esq.

USPTO REG. NO.39119

Verify the registration before you hire anyone for patent work

Search the lawyer's name in the USPTO practitioner directory. Michael S. Brandt of AMZ Sellers Attorney® appears under Registration No. 39119. If a firm can't give you a registration number, ask who will actually file your patent or reexamination, and whether that work is referred out.

Why USPTO Registration Matters for E-Commerce Patent Work

Any licensed attorney may answer an Amazon complaint, take part in APEX, or litigate infringement in court. The USPTO, however, requires a registered practitioner to prosecute patent applications and to represent clients in reexamination, and lead counsel in an inter partes review must be registered. A firm without a registered patent attorney has to refer that work to someone else, often in the middle of a dispute.

Task	Requires USPTO registration?	AMZ Sellers Attorney®
Filing design or utility patent applications	Yes	In-house (Reg. No. 39119)
Representing a client in ex parte reexamination	Yes	In-house
Lead counsel in inter partes review (PTAB)	Yes	In-house
APEX claim charts and responses	No, but claim analysis is patent-attorney work	Prepared by a registered patent attorney
Amazon complaints, reinstatement, Schedule A, arbitration	No	In-house

E-Commerce Patent Services

Pre-launch patent clearance

A freedom-to-operate review of in-force patents before you launch, so you can redesign or prepare a defense before a complaint lands.

Design patents

Ornamental appearance; 15-year term from grant with no maintenance fees. Often the fastest tool against visual knockoffs.

Utility patents

Function and structure, defined by claims. The only patent type eligible for APEX, and the claims are drafted with enforcement in mind.

Infringement defense

Non-infringement and invalidity opinions, claim charts, and ASIN reinstatement.

APEX

Flat-fee APEXFix™ for patent owners and accused sellers.

Reexamination & IPR

Reexamination and IPR to cancel weak patents asserted against your listings.

Amazon Patent Infringement: What to Do When Your Listing Is Removed

Under 35 U.S.C. § 271(a), simply selling or offering to sell a patented invention can be infringement, so resellers and private-label sellers are both exposed. Repeated complaints can escalate into deactivation.

Preserve the complaint ID, the rights owner contact, the patent number, and the affected ASINs. Do not relist the product.
Confirm the patent is issued, in force, and of the type asserted, and review its claims or drawings and prosecution history.
Compare it to the product: element by element for utility claims, or by the ordinary observer test (in light of prior art) for designs.
Document non-infringement or invalidity through a registered patent attorney.
Choose a path: rights-owner contact, APEX response, reinstatement submission, reexamination, IPR, or a declaratory judgment action.
Protect Account Health while the dispute is pending.

Timing: an IPR petition generally must be filed within one year after service of an infringement complaint (35 U.S.C. § 315(b)). After LKQ v. GM (Fed. Cir. 2024, en banc), design patents are also easier to challenge as obvious.

Amazon APEX for Patent Owners and Accused Sellers

In Amazon Patent Evaluation Express (APEX), a utility patent owner asserts one claim against up to 20 ASINs. Each side deposits $4,000, and a neutral evaluator decides infringement on the written briefs. Because the outcome turns on one claim, the claim chart usually decides the case. Our patent counsel prepares those charts for patent owners and the non-infringement responses for accused sellers. We also assess whether SnapPower v. Lighting Defense Group opens a declaratory judgment option.

Amazon APEX Lawyers · 2026 APEX Playbook · Choosing an Amazon patent lawyer

Your Patent Attorney

Michael S. Brandt · USPTO Reg. No. 39119

More than 25 years in IP litigation and prosecution, including nearly 17 years as Chief Patent Counsel for a Fortune 500 multinational. Quoted by name in Bloomberg Law's June 2026 reporting on Amazon APEX. Verify USPTO registration · WSBA record

Kenneth G. Eade · Founding Attorney

California attorney since 1980, admitted in the Central District of California and the Ninth Circuit, and a former seven-figure Amazon FBA seller. Leads reinstatement, Schedule A defense, and AAA arbitration against Amazon. Wikipedia

E-Commerce Patent Lawyer FAQ

Who is the best e-commerce patent lawyer?

Start with a firm whose patent work is handled by a named, USPTO-registered patent attorney you can verify in the USPTO practitioner directory, and that also knows marketplace enforcement. AMZ Sellers Attorney® is a Beverly Hills e-commerce IP firm whose patent work is handled by Michael S. Brandt (Reg. No. 39119), a former Fortune 500 Chief Patent Counsel quoted in Bloomberg Law on Amazon APEX. Founder Kenneth G. Eade, a former seven-figure Amazon seller, leads reinstatement and litigation. The firm is Sermondo Top 10-listed.

What does an Amazon patent attorney do?

On offense, the attorney files design and utility patents and enforces them through Amazon reporting, APEX, and federal court. On defense, the attorney analyzes patent complaints that removed a seller's listings, prepares non-infringement and invalidity positions, and works to reinstate the ASIN.

Does a patent lawyer for e-commerce sellers need to be registered with the USPTO?

It depends on the task. Any licensed attorney may respond to an Amazon complaint, take part in APEX, or litigate patent infringement in court. Preparing and prosecuting patent applications and representing clients in reexamination before the USPTO require a registered practitioner, and lead counsel in an inter partes review must be registered. A firm without a registered patent attorney has to refer that work out.

How do I verify that a patent attorney is USPTO-registered?

Search the attorney's name in the USPTO Office of Enrollment and Discipline practitioner search at oedci.uspto.gov. A registered practitioner appears with a registration number. Michael S. Brandt of AMZ Sellers Attorney® appears under Registration No. 39119.

What should I do if Amazon removed my listing for patent infringement?

Preserve the complaint details, confirm the asserted patent is issued and in force, compare it to your product, and get a non-infringement or invalidity analysis. Then choose a path: contacting the rights owner, an APEX response for utility patents, a reinstatement submission, reexamination, IPR, or a declaratory judgment action.

Can I be liable for patent infringement just for reselling a product?

Yes. Under 35 U.S.C. § 271(a), selling or offering to sell a patented invention in the United States without authority can be direct infringement, even if the seller did not make the product or know about the patent.

What is a freedom-to-operate search?

A freedom-to-operate search reviews in-force patents that a product might infringe before it launches, so the seller can redesign, license, or prepare a non-infringement position before a complaint removes the listing.

What is a design patent for e-commerce products?

A design patent protects the ornamental appearance shown in its drawings. For applications filed on or after May 13, 2015, the term is 15 years from grant with no maintenance fees. It is often the fastest tool against visual lookalike listings.

How is design patent infringement decided?

Courts ask whether an ordinary observer, familiar with the prior art, would find the accused design substantially the same as the patented design. After the 2024 en banc LKQ v. GM decision, design patents are also easier to challenge as obvious.

What is a utility patent for e-commerce products?

A utility patent protects how a product works or is made, as defined by its claims. The term is generally 20 years from the earliest non-provisional filing date, subject to maintenance fees. Utility patents are the only patents eligible for Amazon APEX.

Can I use Amazon APEX with a design patent?

No. APEX is limited to utility patents. Design patents are enforced through Amazon infringement reporting, cease-and-desist letters, or federal court.

How does Amazon APEX work?

A utility patent owner asserts one claim against up to 20 ASINs. The accused seller may elect to participate or the listings may be removed. Each side deposits $4,000, a neutral evaluator decides infringement on written briefs, and the prevailing party's deposit is refunded.

Can I enforce a patent-pending product on Amazon?

No. A pending application, including a provisional application, cannot be enforced on Amazon or in court. Enforcement begins when the patent issues, although patent-pending status can deter copying and preserves the priority date.

Can I still get a patent after I start selling?

Possibly in the United States. Under 35 U.S.C. § 102(b)(1), an inventor's own disclosure or sale generally does not bar a U.S. patent if the application is filed within one year. Many foreign countries have no comparable grace period.

What is the difference between ex parte reexamination and inter partes review?

Ex parte reexamination asks the USPTO to reexamine claims based on a substantial new question of patentability from prior patents or printed publications, and the requester has a limited role afterward. Inter partes review is a trial-like PTAB proceeding in which the challenger participates throughout, and it generally must be filed within one year after service of an infringement complaint.

What is a non-infringement opinion letter?

A written patent attorney analysis explaining why a product does not infringe an asserted patent, element by element for utility claims or by the ordinary observer comparison for design patents. It supports reinstatement, negotiation, and litigation strategy.

Does AMZ Sellers Attorney handle patent disputes on Walmart, Etsy, eBay, and TikTok Shop?

Yes. The firm handles patent complaints and enforcement across Amazon, Walmart, Etsy, eBay, TikTok Shop, and Shopify stores, as well as patent-based Schedule A TRO actions that freeze marketplace funds.

Do you represent sellers outside California?

Yes. Patents are federal, and USPTO and marketplace proceedings are national, so the Beverly Hills firm represents sellers across the United States and foreign sellers selling into the U.S.