Amazon Design Patent & Patent Complaint Response | From $800

ZYL Law Firm responds to Amazon and other marketplace patent complaints, including design patent complaints, for cross-border sellers. After a $250 written triage in two business days, a written response is from $800: we verify the patent's status and ownership, compare the patented design or claims with your product, and prepare a non-infringement statement for the platform and the rights owner. Amazon APEX applies only to utility patents; a design patent complaint is answered in writing. The platform, not the firm, decides whether a listing is restored.

Claim and design analysis by Xinyu Zhang, Ph.D., USPTO Reg. No. 83,930 · legal review by Yaling Zhou, Attorney (CT, NY) · Rules reviewed: 2026-10-18

Design patent or utility patent?

Design patentProtects the ornamental appearance shown in the drawings. Infringement is judged by whether an ordinary observer, familiar with the prior art, would find the designs substantially the same. Not eligible for APEX.

Utility patentProtects how a product works or is made, defined by the claims. Every element of a claim must be present in your product. The owner may invoke APEX instead of a standard complaint.

Pending applicationA published application that has not issued is not an enforceable patent. A complaint based on one alone should be challenged.

What we check before writing anything

Status and termWhether the patent issued, is still in term, and — for utility patents — whether maintenance fees were paid. Design patents have no maintenance fees but a fixed term from grant.
Owner and complainantWhether the complainant is the patent owner or an exclusive licensee shown in USPTO assignment records.
The comparisonFor a design patent, the drawings side by side with your product, including what the drawings disclaim with broken lines. For a utility patent, each claim element against your product.
Prior art and your own historyOlder products, including your own earlier sales, can narrow how a design patent is read or raise validity questions. An invalidity search is quoted separately.

Response paths

Written non-infringement statementA concise comparison, with images, explaining why your product falls outside the patent. Submitted to the platform and the rights owner.

Retraction requestA letter to the owner or its counsel where the patent is expired, lapsed, not owned by the complainant, or plainly different from your product.

APEX (utility patents only)If the owner invoked APEX, the deadline and the $5,000 per-party deposit apply. See APEX patent evaluations.

Design changeWhere the risk is real, a documented redesign can get you back on sale. See patent design-around.

Risks to weigh

A platform response is not a court ruling.Even if a listing is restored, the owner can still sue. A strong written record helps if that happens.
Sales during the dispute.Relisting a substantially identical product under a new ASIN while a complaint is open can be treated as circumvention.
Statements you make are evidence.Admissions in an informal email to the complainant can be used later. Let counsel handle the correspondence.

How we handle a patent complaint

TriagePatent number, status, owner, and the accused ASINs reviewed. Written answer in 2 business days.
ComparisonDesign drawings or claims compared with your product photos, samples, or technical files.
Written responseNon-infringement statement and retraction request drafted for submission.
Next stepsIf the owner persists, we advise on invalidity, design changes, or an opinion before you relist.

Fees

Service	Professional fee	Includes	Not included
Infringement notice triage Copyright, trademark, or patent complaint on any marketplace	$250	One notice (up to 3 ASINs or listings); rights and ownership check; written memo with next steps within 2 business days. Credited in full if you engage us within 14 days.	Formal response documents
Patent complaint written response Including design patents	From $800	Patent status check; claim or design comparison; written non-infringement statement.	Invalidity search (quoted separately)
Amazon APEX · initial evaluation	$500	Patent status, asserted claim, accused ASINs, and product features reviewed; recommendation on whether to participate.	APEX deposit ($5,000 per party)
Pre-launch patent risk screening	Screening $800; targeted analysis $1,800; FTO opinion from $3,500	Search, screening, and claim comparison within a defined product and technology scope.	Design-around work

Protecting your own product designs? See design patent applications. Facing a lawsuit rather than a platform complaint? See the patent litigation risk report.

Frequently asked questions

Can a design patent complaint go through Amazon APEX?

No. Amazon Patent Evaluation Express covers U.S. utility patents only. A design patent complaint is answered with a written non-infringement statement, a retraction request, or a design change.

How is design patent infringement decided?

Courts apply the ordinary observer test: whether an ordinary observer, familiar with the prior art, would be deceived into thinking the accused design is the same as the patented design. Small differences can matter when the prior art is crowded.

The complaint cites a patent application, not a patent. Is that valid?

A pending application is not an enforceable patent. Provisional rights can arise in limited circumstances after issuance, but a complaint resting only on an application should be challenged.

Who prepares the technical comparison?

Xinyu Zhang, Ph.D., a USPTO-registered patent agent (Reg. No. 83,930), performs the design and claim comparison. Legal positions and letters are reviewed by attorney Yaling Zhou.

Can you guarantee my listing comes back?

No. The platform decides, and the rights owner may also pursue other remedies. We commit to a defined scope and a candid assessment.

What does the fee include?

Patent status check, a design or claim comparison, and a written non-infringement statement. Invalidity searches are quoted separately.

Primary sources

Platform rules, deposits, and fees change; confirm against your notice and the current platform rules before acting.

Attorney Advertising. This page is general information, not legal advice, and does not create an attorney–client relationship. Listed amounts are professional fees only and exclude government fees, APEX deposits, court costs, and other third-party charges; the written quote controls. No lawyer can guarantee how a platform, evaluator, or court will decide, and prior results do not guarantee a similar outcome. Engagement is subject to a conflict check. Federal court matters are handled by counsel admitted to the relevant court, with local counsel where required.

Send the patent complaint you received

Forward the Amazon notice (or a screenshot), the patent number, the affected ASINs, and product photos to ip@zyllaw.com. We confirm the conflict check and the triage engagement before any work begins.

Start intake Email ip@zyllaw.com