Featured
Ecommerce
Guides

Understanding APEX: Amazon Patent Evaluation Express

Amazon's APEX Program for protecting patents
Contents

Subscribe to our newsletter

Stay up to date on the latest IP Protection content from MarqVision.

Amazon's Patent Evaluation Express—known as APEX—is a streamlined procedure designed to help utility patent owners enforce their own IP rights and quickly address infringement issues on Amazon.com.

APEX comes as a real breath of fresh air for patent owners who have struggled to enforce their IP rights in online spaces, and the program has already seen a number of key victories against infringers, such as the innovative pet-feeder inventors at Houndsy

Let’s take a look at how the APEX program works, and why it’s already a key tool for founders and IP attorneys looking to put a stop to counterfeiters on Amazon.

How Amazon’s APEX Program Works

APEX allows patent owners to request an evaluation of a single claim from their U.S. utility patent against potentially infringing products, identified by their Amazon Standard Identification Numbers (ASINs). 

The program is intended for patents that are not "extremely technical," making it suitable for straightforward articles of manufacture without complex claim sets.

The APEX Process

  1. Initiation: The patent owner submits a request through the Amazon Brand Registry, opting into the APEX program and providing necessary information, including the asserted patent claim and the list of accused products.
  2. Seller Notification: Amazon contacts the sellers of the accused products, providing them with information about the APEX process and giving them three weeks to decide whether to participate.
  3. Evaluator Assignment: If any sellers choose to participate, a neutral evaluator—a licensed patent attorney with relevant expertise—is assigned to the case.
  4. Payment: Both the patent owner and each participating seller pay a fee of $4,000 directly to the evaluator. The prevailing party will have their payment refunded at the conclusion of the process, making the process essentially free for the party not infringing on others’ IP rights.
  5. Briefing: The parties submit written briefs outlining their arguments. The patent owner provides an initial brief, the seller responds, and the patent owner may submit a reply. There are specific page limits and deadlines for these submissions.
  6. Decision: The evaluator reviews the briefs and decides whether it is more likely than not that the accused products infringe the asserted patent claim. The decision is typically made within seven weeks from the initiation of the process, though Amazon’s Brand Protection Report claims under 30 days for most cases to get resolved.
  7. Enforcement: If the evaluator finds in favor of the patent owner, Amazon removes the infringing products from its platform, usually within ten business days.

The Benefits of using APEX

APEX offers a lot of advantages to patent owners seeking to enforce their rights on Amazon.com. 

First off, the program moves fast. It provides a swift resolution, with decisions typically made within 30 days, far faster than traditional litigation that generally takes around 2 years. Having patent infringement cases resolved this fast is broadly unheard of, with most brands opting to focus on leveraging their trademarks and copyrights in online IP infringement cases. 

The process is also very cost-effective for authentic brands. Entering the program requires a $4,000 fee from each party. However, since this money is refunded to the prevailing party, many brands will consider it a free program, particularly when entering it against obvious copycat products.

Another benefit is the efficiency and simplicity of the process. APEX is built to focus on a single patent claim at a time, used against up to 20 accused products. This reduces the complexity and time commitment typically associated with patent disputes, which often drag on for very long periods of time and can force businesses into court cases.

How MarqVision Quarterbacked Houndsy’s Patent Protection with APEX

Houndsy was founded by two entrepreneurs who set out to make dog-feeding products that were not only functional but also beautifully designed. Their innovative approach and attentive listening to their fans earned them a loyal customer base, leading to a hugely successful Kickstarter campaign.

But, this success came with a new problem—counterfeits. Knock-off versions of their designs started flooding Amazon, damaging Houndsy’s reputation and integrity and cutting into their revenue.

Despite Houndsy’s team taking action fast, traditional methods of fighting counterfeits weren’t effective. Copyright and trademark reporting, normally highly effective tools against IP infringements, were useless in Houndsy’s case. 

The counterfeiters weren’t stealing their trademarked name or logo, and they weren’t copying copyrighted media. Instead, they were creating cheap, look-alike products that closely resembled Houndsy’s original designs—just different enough to avoid typical IP enforcement.

Here's where MarqVision stepped in.

MarqVision introduced Houndsy to Amazon’s Patent Evaluation Express (APEX) program. It was exactly what they needed. APEX allowed them to bypass the limitations of copyright and trademark enforcement, using their U.S. utility patents to take swift action. 

“If it wasn't for MarqVision, we would have never known about the APEX program. They proactively detected the counterfeit listings, determined that the situation required more than traditional copyright forms, and guided us through the entire process of leveraging our utility patents.” - Pavan Bapu, CEO of Houndsy

MarqVision led every step—filling out forms, collaborating with Amazon, and managing follow-ups. Between advanced AI technology and dedicated support team, MarqVision made navigating the APEX process seamless.

“We submitted our U.S. utility patents to the APEX program, and after careful review, they determined that those counterfeit listings were infringing on our patents and swiftly removed them. This set a precedent for future listings as well. Because we successfully verified our patents, we’ve been able to quickly shut down future counterfeiters on Amazon.” - Pavan Bapu, CEO of Houndsy

The results were clear. The Amazon marketplace has been cleared of low-quality knock-off products that clearly infringe on Houndsy’s patents, and the platform is now theirs to sell on without restriction.

With MarqVision's ongoing guidance and AI-powered brand protection, Houndsy continues to defend their products. Their innovative designs remain safe, and their future looks brighter.

Request Demo
This is some text inside of a div block.
Text Link
Banner 3D Shapes Light Blue

Discover the latest trends and challenges in IP protection

Download Report
White Balls and Blue Background

Take Control of Your Trademarks with MARQ Folio

Discover MARQ Folio
White Balls and Blue Background

Renew and Manage Your Trademarks Easily With MARQ Folio

Discover MARQ Folio

We’re waiting to hear from you

Get in touch with MarqVision

See the best brand protection solution in action

Schedule a demo today

Don’t let piracy steal your growth

See MarqVision in action

Talk to us about your brand protection problems

Book a call

Put an end to
impersonating websites

Book a demo now

Subscribe to our newsletter

Stay up to date on the latest IP Protection content from MarqVision.

Subscribe to our newsletter

Stay up to date on the latest IP Protection content from MarqVision.

Backed by
YCombinator Logo
DST Global Logo
SoftBank Logo
Atinium Logo
Google Logo