Invalid Patent Infringement Claim

Hi @Julia_Amazon,

Thanks for reviewing the case.

However, Intellectual Properties registered in WIPO are NOT valid worldwide. An inventor can file a PCT application, but this does not guarantee the acquisition of an international utility patent across all territories. Inventors must still pursue the grant of individual patents in each of the countries they desire protection in.

In our case, the rights owner has submitted this utility patent in the US, but if you search on PATENTSCOPE, you can see that they have not entered the ‘National Phase’. If the inventor or patent owner does not enter the ‘National Phase’, they cannot obtain protection in other countries.

Here is a link to their utility patent: https://patentscope.wipo.int/search/en/detail.jsf?docId=WO2018048398&_cid=P20-LGB749-19931-1.

Please see the screenshot below. As you can see, the ‘National Phase’ section is blank:

As an example, we can look at Apple. They filed their invention under the PCT and subsequently applied for individual patents in specific countries: https://patentscope.wipo.int/search/en/detail.jsf?docId=WO2007076210&_cid=P20-LGB7CE-23967-1.

Please see the screenshot below - you can see that Apple have specifically filed in the separate countries in the ‘National Phase’ section:

To conclude, we have already provided evidence through Account Health that the rights owner’s design patents are only valid in the US, and also have a different design to our product. From examining their utility patent registered in WIPO, we can also see that the utility patent has only been granted in the US. The rights owner has not entered the ‘National Phase’ to gain patent protection in the UK. As a result, their entire patent infringement claim is invalid and our listing should be reinstated.

@Julia_Amazon, we would appreciate if you could look into this further. We look forward to hearing from you.

Thanks,
ProClinic