Amazon Patent Enforcement — APEX
Is a competitor selling your patented product on Amazon?
Amazon's Patent Evaluation Express (APEX) lets a patent owner remove copycat listings in weeks, not years. We tell you whether APEX is the right move, pick the strongest part of your patent to rely on, and build the case so it holds up.
What APEX is, and why it moves fast
APEX is Amazon's private process for utility patent disputes. A neutral patent attorney appointed by Amazon decides whether listed products likely infringe one claim of your patent. Sellers have three weeks to opt in or lose their listings, there is no discovery, and briefing is short. If infringement is found, Amazon removes the listings. It is far faster and cheaper than federal court, but it awards no damages and its decision cannot be appealed, so the first filing has to be right.
APEX or a lawsuit?
Both enforce your patent. They do different jobs.
Amazon APEX
Patent lawsuit
Speed
Weeks if no seller fights; a few months if one does
Often two years or more
Cost
Typically $9,000 to $12,000 if no seller fights; $17,000 to $24,000 if one does, plus a $4,000 deposit refunded if you win
Median costs run about $1 million to $3.5 million through trial, depending on what is at stake (AIPLA 2025 Economic Survey)
Money damages
None
Yes, including past sales
What it stops
Listings on Amazon.com (U.S.) only
All U.S. sales and imports, on any channel, through a court order
Who decides
A neutral patent attorney picked by Amazon
A federal judge or jury
Evidence
Public listings only, no discovery
Full discovery
Patent validity
Not decided
Decided as part of the case
Appeal
None, but you can still sue in court if you lose
Yes
Best for
Getting copies off Amazon fast
Recovering money or stopping a serious competitor across the U.S.
For brands being copied on Amazon
This page is for you if you hold a U.S. utility patent on a product sold on Amazon, your brand is enrolled in Amazon Brand Registry, and copies are taking real sales. APEX works best on products simple enough for an evaluator to compare at a glance. If your patent is still pending, or you hold only a design patent, we can talk through other options.
Before you file
What APEX can do
Remove infringing listings. If the evaluator finds likely infringement, Amazon generally removes the listings within about 10 business days.
Move fast. Sellers have three weeks to opt in. Those who don't respond lose their listings without a fight.
Cover up to 20 listings at once. One request asserts one claim against up to 20 products.
Reach later copies. Materially identical listings from new sellers can be removed without a new evaluation.
What it can't do
Award money. APEX removes listings. It awards no damages and does not bind courts or other marketplaces.
Be appealed. There is no appeal or reconsideration, so the first filing has to be right.
Settle whether your patent is valid. A seller can still challenge your patent at the Patent Office, and a weak patent claim can be lost entirely.
Remove all lawsuit risk. Filing can invite the seller to sue you in their home state.
What we handle
An APEX filing isn't a form to fill in. Which part of your patent you rely on, and how you explain it, decides the outcome, and there is no second try.
Fit and claim selection
Whether APEX is the right tool, and which part of your patent best covers the copies while holding up if a seller pushes back.
The filing and briefs
The request, proof of infringement from the Amazon listings themselves, and the written arguments Amazon's evaluator reviews.
After the win
Removing look-alike copies from new sellers, and new filings when a copy changes. If you have a related patent application still pending, it can be shaped to cover what's being copied.
You'll know before you file whether APEX fits, which part of your patent to use, where a seller is likely to push back, and what happens if they challenge your patent.
How it works
01
Confidential intake
You share the patent, your Amazon Brand Registry status, and the listings you want removed. We run a conflicts check and agree on how to share documents.
02
Patent review
We review your patent and its record at the Patent Office, then choose the part that best covers the copies and is most likely to hold up.
03
The APEX request
The request goes in through your Brand Registry account, naming one claim and up to 20 listings. Sellers then have three weeks to respond.
04
Briefing and decision
If a seller opts in, we prepare the opening and reply briefs. A neutral evaluator decides, and Amazon removes the listings if infringement is found.
Common questions
What patents qualify for APEX?
U.S. utility patents, asserted by an owner whose brand is enrolled in Amazon Brand Registry, which requires a U.S. trademark registration or pending application.
Does a design patent qualify for APEX?
No, only utility patents. If you hold a design patent, ask us about the other options.
How long does it take?
If no seller opts in, the listings come down after the three-week response period. A contested evaluation typically runs a few months from the request to a decision.
Can a seller argue my patent is invalid?
Not within APEX, which decides only whether the copy infringes. A seller can still challenge your patent at the Patent Office or in court, which is why we choose the part of your patent we rely on with that risk in mind.
What do you need from us to start?
The patent number, links to the listings you want removed, and your Brand Registry status. Product photos or test purchases help, but you don't need to prepare anything formal.
How much does it cost?
Most matters fall in these ranges: patent review, a flat $3,000; the APEX request, $6,000 to $9,000; and briefing, only if a seller decides to fight, $8,000 to $12,000. If a seller fights, the evaluator also requires a $4,000 deposit from each side, and the winner gets theirs back. If no seller opts in, no deposit is owed. Our scope and costs are confirmed after the confidential intake, before substantive work begins.
Are there downsides to using APEX?
Yes, and we go through them with you before filing. APEX removes listings but pays no damages. It reaches only Amazon.com, tests a single claim, and offers no appeal. Filing can also prompt the seller to sue you, or to challenge your patent at the USPTO.
Can filing an APEX request get me sued in the seller's home state?
It can. In SnapRays v. Lighting Defense Group (Fed. Cir. 2024), a patent owner filed an APEX request against a Utah seller. The court held the owner could be sued in Utah for a declaratory judgment of non-infringement. A cease-and-desist letter has no effect if the seller ignores it, but an APEX request takes the listings down automatically, and that was enough to give the Utah court jurisdiction. Filing APEX can therefore mean defending a lawsuit in the seller's home court, on the seller's schedule.
Can the seller challenge my patent?
Yes. APEX doesn't decide whether your patent is valid, but a seller facing an APEX request can ask the USPTO to review it through ex parte reexamination or, in some cases, inter partes review. The seller can also raise invalidity in a declaratory judgment suit. A reexamination can narrow or cancel the claim you asserted.
Losing sales to copies on Amazon?
Send the patent number and links to the listings. We'll tell you whether APEX fits.
Also for Amazon sellers: Trademarks and Brand Registry · All Amazon seller services
General information only. This page describes Amazon APEX proceedings in general terms. It is not legal advice, does not create an attorney-client relationship, and is not a prediction of any outcome. APEX is an Amazon program, and Patent Intelligence Group is not affiliated with Amazon.