Launching a new product online is exciting, but if you overlook patents, that excitement can quickly turn into an expensive legal battle. Intellectual property (IP) issues aren’t just for big tech companies; they can hit small e-commerce sellers just as hard. Here in this post we are going to discuss the Top 5 Patent Tips for E-Commerce Sellers that must be known before listing.

Whether you are selling on Amazon, Etsy, eBay, Flipkart, your own online store, or on recently emerged quick-commerce platforms like Blinkit, Zepto, Zomato, Swiggy, or Instamart, here are five practical patent considerations to review before you hit publish on your product listing.

These Patent tips for E-Commerce Sellers are essential for ensuring the success and legality of your online business.

1. Verify Freedom to Operate Before Selling is one of the important Patent Tips for E-Commerce Sellers:

Before you make your first sale, confirm that your product including its design, features, or underlying technology doesn’t infringe on an active patent.

This is done through a patent search or a freedom-to-operate (FTO) analysis, which can flag potential legal risks before they become costly. Remember, buying inventory from a manufacturer doesn’t shield you from responsibility. If a product infringes on someone’s patent, you as the seller can still be sued.

In recent times, in the USA, the Indian tech startup company Ultrahuman’s smart ring was found to infringe Oura’s smart ring patents. Oura sued Ultrahuman, and the district court ruled in Oura’s favor based on the infringement of its patents.

2. Learn the Different Types of Patents is second most important Patent Tips for E-Commerce Sellers:

Not all patents are the same, and knowing the difference will save you trouble:

• Utility patents: Protect how a product works or functions. For Example, Recently US Patent Application US20250186245A1 filed by Humangear Inc appears to protect a compact, collapsible, and leak-proof standing urination device that’s equally suitable for one-time or repeated use, aiming to provide women with a hygienic, discreet, and comfortable way to relieve themselves anywhere, anytime.
• Design patents: Safeguard the way a product looks. For example, Deep Bajaj, founder of PeeBuddy “Stand and Pee” – A female urination device secured design patent for their product in India.
• Plant patents: Cover new plant varieties (less common but relevant for seeds or ornamental plants). Mor often, we are reading news related to hybrid species of plant having higher yield or fight against some diseases are nothing but example of plant patents.

Understanding these categories helps you avoid infringement and also decide how to protect your own product ideas.

3. Why Small Changes Don’t Always Avoid Infringement is the third most important Patent Tips for E-Commerce Sellers:

A common mistake? Thinking that altering color, size, or packaging makes a product safe to sell. In most cases, it doesn’t.

Even improved versions can infringe if they still include the core patented features. If the invention itself is under patent, re-creating it in any form without permission could still land you in court.

Recently well buzzed International Trade Commission (ITC) litigation case in the USA between GoPro & Insta360 wherein, GoPro alleging that Insta360 infringed on their patents, specifically related to the design of the GoPro Hero camera and some of its core technologies. The case went before the U.S. International Trade Commission (ITC), where an initial determination found that Insta360 had indeed infringed on GoPro’s design patent.

4. Protect Your Own Product Innovations is the fourth most important Patent Tips for E-Commerce Sellers:

If your product offers something genuinely new whether it’s a unique design, a better mechanism, or a distinctive feature consider filing for your own patent before you list it online.

Patents don’t just protect your ideas from being copied; they can strengthen your brand, help you qualify for Amazon Brand Registry, and give you leverage in IP disputes. If you’re working on a tight budget or timeline, a provisional patent application can be a quick, lower-cost way to secure an early filing date.

Tech YouTuber and entrepreneur Shlok Srivastava, aka Tech Burner, recently stepped into the wearables market with the launch of his smartwatch called “Anarc.” While the product’s design, features, and pricing have generated buzz among fans, what truly sets this launch apart is Shlok’s strategic focus on Design Patent protection. From securing design patents to safeguarding unique aesthetics, every step reflects a commitment to long-term brand value. By taking proactive measures to protect his innovations, Tech Burner not only shields his smartwatch from potential copycats but also builds consumer trust, setting a benchmark for Indian tech entrepreneurs entering competitive markets.

5. Know Marketplace and Customs IP Enforcement is the fifth most important Patent Tips for E-Commerce Sellers:

Online marketplaces such as Amazon, eBay, and Etsy have strict IP policies. A single infringement claim can lead to an immediate product takedown or even account suspension.

International sellers also need to watch for customs enforcement. In many countries, patent holders can register their rights with customs authorities, who then block infringing goods from entering the country.

Staying compliant not only protects your business but also prevents your inventory from being seized or destroyed.

Final Word:

In the fast-moving world of e-commerce, skipping a patent check is like playing with fire. A little due diligence now can save you a lot of time, money, and headaches later. No matter whether your product is a look-alike of existing products or an improved version, it is always better to contact an IP law firm or IP consultant if you are planning to enter the world of e-commerce.