Overview

Amazon's Patent Evaluation Express (APEX) program provides US utility patent holders with a structured path to challenge product listings that may infringe on their patents. Through APEX, patent owners can submit claims that are reviewed by a neutral evaluator — a patent attorney — who determines whether the accused listings should be removed from Amazon's marketplace. For sellers, understanding APEX is essential because it can directly impact whether your listings stay live or get taken down.

Key Points / What Sellers Need to Know

• APEX targets US utility patents only — Design patents, non-US patents, and expired patents are not eligible for the program, so sellers should verify the type of patent cited in any claim against them.
• Participation is voluntary but consequential — Reported sellers can choose whether to opt in and defend their listings. If no seller opts in, Amazon automatically removes the reported ASINs.
• A neutral evaluator decides the outcome — The evaluator is an independent patent attorney, not Amazon itself, who reviews the infringement claim against the product listing.
• Each party must deposit $4,000 — Both the patent owner and participating sellers are required to put down a deposit, with the losing party ultimately bearing the evaluator's fee.
• Timelines range from 4 to 14 weeks — If no seller contests the claim, the process wraps up in roughly 4 to 6 weeks. If a seller defends their listing, expect 12 to 14 weeks total.
• Listings remain live during evaluation — Reported ASINs are not removed while the evaluation is in progress, giving sellers time to prepare their defense.

How the APEX Process Works

The process begins when a US utility patent owner files a report through Amazon's Report a Violation tool, selecting up to 20 ASINs they believe infringe on a single unexpired patent claim. Amazon then contacts each reported seller, giving them the opportunity to participate in the evaluation and defend their products. If a seller chooses not to respond, their listings are removed by default. When a seller does opt in, Amazon engages the neutral evaluator, who reviews the patent claim against the product detail page and associated information. All communication between parties happens via email, and the evaluator issues a binding decision at the conclusion of the review.