Jersey City, NJ asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Jersey

Q: Patent holder wants to block me from selling on Amazon similar product which everyone is selling for many years.

I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this product with similar modification as them. So, after 3 years of selling by myself this people got patent for the design of this invention and filled a claim of violation by me their patent to Amazon. As a result Amazon deleted my product. This company applied for patent for design in 2010 and get it in 24 March 2020. Is there any chance to fight and win? How long and is it difficult to fight?

1 Lawyer Answer

A: Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.

I strongly suggest moving on.

Marcos E. Garciaacosta

www.legalbizglobal.com

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