AMAZON PATENT EVALUATION EXPRESS · FOR FOREIGN CLIENTS
Amazon APEX
for Patent Owners
From patent claims to product evidence.
We help overseas patent owners, brands, and their local counsel develop claim-by-claim infringement analyses for Amazon Patent Evaluation Express (APEX). Our work connects the asserted U.S. patent claim to evidence about the actual products, prepares the opening written submission, and addresses seller defenses when a reply is permitted and authorized.
First-patent opening submission: $15,000. Opening plus an authorized, permitted reply: $19,500. Evaluator deposits and other expenses are separate.
Received a complaint instead? See APEX seller defense services →
Before you begin
1. PATENT AND AUTHORITY
Review the U.S. patent’s status and ownership, the proposed asserted claim, relevant prosecution history, and authority to act. Confirm current Brand Registry, reporting, and account-role requirements before initiating a report.
2. PRODUCT EVIDENCE
Identify the ASINs, models, listing pages, photographs, manuals, and available physical-product information. Record different versions and configurations separately, and identify claim limitations that still need evidentiary support. Similar-looking products do not necessarily practice the same patented technology.
3. PROCEDURAL STATUS
Explain whether an infringement report has already been filed, an APEX notice has issued, or litigation, a court order, or another proceeding exists. Confirm the stage at which our work would begin, known deadlines, time zones, and the roles of the client and referring counsel. Consider the broader dispute strategy when defining scope.
What APEX covers
APEX provides a neutral attorney evaluation of alleged infringement of a U.S. utility patent, with Amazon implementing the result in its U.S. store. Amazon describes access through Brand Registry’s Report a Violation tool; current eligibility and reporting authority must be checked. Design patents, non-U.S. patents, and expired patents are outside the scope described by Amazon. A U.S. utility patent is not the equivalent of a Chinese utility model.
An APEX evaluation is distinct from a court judgment. We represent the patent owner as a party. Our firm is independent of Amazon and does not act for Amazon or the neutral evaluator.
How we assist patent owners
CLAIM AND PROSECUTION-HISTORY ANALYSIS
Analyze the proposed asserted claim, relevant prosecution history, product information, and terms that may affect claim interpretation. Identify the technical questions and potential evidentiary gaps before committing the written case.
INFRINGEMENT ANALYSIS AND CLAIM CHARTS
Map each asserted limitation to the actual product and verifiable evidence. Develop the principal infringement theory, claim chart, and supporting exhibits, addressing material differences among product configurations.
OPENING WRITTEN SUBMISSION
Prepare the opening argument, claim chart, exhibits, and supporting analysis. Include one consolidated round of substantive client revisions, submission coordination, and transmission confirmation within the agreed scope.
SELLER-RESPONSE REVIEW AND PERMITTED REPLY
Where the procedure permits and the client authorizes a reply, review the seller’s response and address the relevant technical differences and claim-construction issues. Permitted documents, expert declarations, and other evidence depend on the case-specific written instructions.
Workflow and coordination
Confirm scope. Complete conflicts review and identify the responsible attorney, patent, product family, current stage, fees, materials, and deadlines. Agree who verifies technical facts, approves drafts and expenses, and receives notices, including any Chinese or other local counsel.
Prepare the opening. Perform the agreed analysis, organize the opening submission and exhibits, and incorporate one consolidated round of substantive comments.
Reply only if permitted. After the seller responds, confirm the available reply opportunity and authorization before beginning that stage.
Manage submissions. Maintain the evaluator’s deadline calendar for the accepted engagement, coordinate authorized filings, confirm transmission, and report progress. The evaluator’s written instructions control the permitted filings, evidence, payments, and deadlines.
Fixed fees: first patent
OPENING WRITTEN SUBMISSION — $15,000
Review the claim, relevant prosecution history, and available product evidence; develop the infringement position; and prepare the opening, claim chart, and exhibits. Includes one consolidated round of substantive revisions, submission coordination, and transmission confirmation. Invoiced when the opening work is authorized.
REPLY WITHIN A COMBINED ENGAGEMENT — $4,500
Review the seller’s response and prepare one patent-owner reply, including one consolidated round of substantive revisions, submission coordination, and transmission confirmation. This stage is charged only if a reply is permitted, authorized, and begun.
Combined opening and reply: $19,500. The opening is $15,000 and the conditional reply is $4,500. If no permitted, authorized reply work begins, the $4,500 reply fee is not charged.
REPLY RETAINED SEPARATELY — $7,500
Separate first-patent engagements cost $15,000 for the opening and $7,500 for the reply, totaling $22,500. The $19,500 combined engagement is $3,000 lower. A reply-only engagement requires confirmation of the usable existing materials, analysis, procedural requirements, and scope; it does not create an additional filing opportunity.
Not yet initiated APEX? The opening submission described here is the argument submitted to the evaluator. The initial APEX complaint or infringement report is excluded and quoted separately. Please identify the patent, product category, reporting authority, and current stage so that the reporting path, materials, availability, and fee can be confirmed.
Additional patents
The following attorney fees apply per additional patent. Classification depends on the work that can actually be reused and is confirmed in writing after preliminary review. Sharing a patent family does not automatically qualify a patent for closely related pricing.
CLOSELY RELATED ADDITIONAL PATENT — $13,500 TOTAL
Opening: $9,000. Reply: $4,500. This category assumes substantial reuse of claim analysis, product evidence, and the infringement theory.
RELATED, WITH A MATERIALLY DIFFERENT INFRINGEMENT THEORY — $18,000 TOTAL
Opening: $12,000. Reply: $6,000. Applies where different technical mapping, important claim terms, or a materially different argument requires additional work.
UNRELATED ADDITIONAL PATENT — $22,500 TOTAL
Opening: $15,000. Reply: $7,500. Applies where the patent, product evidence, and infringement case require independent analysis.
Example: A $19,500 first-patent combined engagement plus both stages for one qualifying closely related additional patent at $13,500 totals $33,000, excluding evaluator deposits and other expenses. Every reply still requires permission and authorization. Related-patent pricing does not mean separate patents can be combined in one evaluation.
Scope and additional work
Fees assume one asserted claim per patent or evaluation, one principal infringement theory per patent, one product family, and up to five ASINs with materially identical technical configurations. ASIN means Amazon Standard Identification Number. Each written submission includes one consolidated round of substantive revisions. These are our pricing assumptions, not general APEX program limits.
Different configurations, claim terms, prosecution-history positions, or procedural requirements may require additional work. Whether multiple patents or claims can be addressed together depends on the current instructions. If separate evaluations are required, attorney fees and evaluator deposits may apply separately. Material changes require written scope and fee confirmation before the added work begins.
EVALUATOR DEPOSIT AND EXCLUDED EXPENSES
Amazon’s public information, checked October 24, 2026, states a $5,000 deposit per participating party, paid directly to the neutral evaluator. This is separate from attorney fees. Current instructions control payment, refund, and separate-evaluation arrangements. A deposit refund does not reimburse our attorney fees.
Excluded unless separately agreed and authorized: the initial complaint or infringement report, settlement, litigation, post-decision enforcement, additional technical consulting, product purchases, testing, reverse engineering, translation, and third-party experts. Expert declarations are outside the fixed fees and are prepared or submitted only when expressly permitted and separately authorized. No evaluation result, listing removal, or particular completion time is guaranteed. Work already begun and termination terms are governed by the engagement agreement.
Common questions
DOES EVERY PATENT IN THE SAME FAMILY RECEIVE THE CLOSELY RELATED RATE?
No. We consider shared disclosure and priority, claim language, the accused features, evidence reuse, and claim-interpretation positions. Different products, method and apparatus theories, or prosecution-history limitations may affect classification and scope.
DOES A FAVORABLE RESULT AUTOMATICALLY REMOVE OTHER PRODUCTS?
Amazon may issue an APEX ID associated with a qualifying decision for later infringement reports. Each new product still requires review of its technical configuration, supporting evidence, and reporting requirements. The ID is not an automatic removal direction for every similar product.
CAN LOCAL COUNSEL COORDINATE THE ENGAGEMENT?
Yes. Explain the proposed division of work at first contact. Instructions, technical verification, draft approval, language support, notice routing, and expense authorization are agreed when the engagement is accepted.
Discuss your APEX matter
Begin with the public U.S. patent number, ASINs or product category, material product differences, current reporting or evaluation stage, known deadlines and time zones, and the proposed local-counsel arrangements.
Initial contact: Brandon R. Theiss. Inquiries may be made in English or Chinese; the responsible professionals and language arrangements are confirmed before engagement.
Submit an APEX patent-owner inquiry →
brandon@divergentpatentlaw.com
Please provide only a nonconfidential overview at first contact. Do not send confidential information until an appropriate exchange channel is agreed. An inquiry or automated acknowledgment does not establish an attorney–client relationship or acceptance of a deadline. Engagement requires conflicts clearance and a written agreement. For an approaching deadline, also email and obtain express written acceptance from the responsible attorney.
Program sources
Program information checked October 24, 2026. The current written requirements of Amazon and the neutral evaluator control each matter. Fees are in U.S. dollars and remain subject to a written engagement confirming scope and terms.
Amazon Brand Registry: APEX, evaluator deposits, and APEX IDs
Amazon’s official APEX overview and eligibility guidance