Understanding Amazon's APEX Program for Patent Disputes: How to Protect Your Utility Patent

Vova Even Jan 15, 2026

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Feature image explaining Amazon Apex Program and how it works for sellers

Table of Contents

What Is the APEX Program?
How Does It Work?
Why Use APEX?
Should You Get Legal Help?
Final Thoughts

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If you’re an Amazon seller with a Utility Patent, protecting it can feel overwhelming when other sellers infringe on your rights.

Traditional patent litigation is slow and costly, which is why Amazon created the APEX Program (Amazon Patent Evaluation Express).

It's a quicker and more affordable way to handle patent disputes on the platform.

In a recent video on my channel, I spoke with David Miller, an experienced Amazon attorney, about how APEX works and how you can use it to protect your intellectual property.

Need legal help with patent disputes?

Visit David's website (DAM Law Firm) or give him a call @ 646-760-2844 (USA).

What Is the APEX Program?

The APEX program is designed to quickly resolve disputes involving Utility Patents.

If you believe another seller is infringing on your patented product, you can initiate an APEX case instead of going through drawn-out court proceedings.

David explained it simply: “It’s a quicker, easier, and cheaper way of resolving patent disputes on Amazon as opposed to going the full litigation route.”

If Amazon tells you your APEX complaint “doesn’t have enough information,” don’t panic! Here’s a quick guide on: What To Do If Amazon Says You Haven't Provided Enough Information

How Does It Work?

Here’s a step-by-step breakdown of the process:

Initiate the case: As the patent holder (enforcer), you file a complaint through APEX.

Both parties deposit $4,000: The enforcer and the accused seller each put up $4,000.

Submit briefs:

You (the enforcer) provide a detailed brief explaining the infringement.

The accused seller can choose to respond with their own brief.

If they don’t respond: If the accused seller ignores the case, their listing gets removed.

If they respond: The case proceeds, and an evaluator determines the outcome.

Refunds based on outcome:

If you win, your $4,000 is refunded, and the infringing listing is removed.

If they win, their $4,000 is refunded, and their listing stays live.

This system incentivizes both parties to participate seriously while providing a structured process for resolution.

Why Use APEX?

Speed: Cases are resolved much faster than traditional litigation.

Cost-effectiveness: At $4,000 per side, it’s significantly cheaper than hiring litigators for a full-blown lawsuit.

Direct Amazon action: The program operates within Amazon, meaning decisions directly affect product listings.

Should You Get Legal Help?

While APEX simplifies the process, having a knowledgeable attorney can make a big difference in preparing your case and ensuring the brief is persuasive.

If you’re dealing with patent infringement or need help navigating APEX, David Miller specializes in these cases and can help you protect your intellectual property effectively.

Get in Touch with David!