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To amend title 35, United States Code, to provide for an exception from infringement for certain component parts of motor vehicles.
Summary
This bill amends patent law to allow the manufacture and sale of replacement car parts that have the same appearance as original factory parts without infringing design patents. Immediately upon enactment, anyone can make or import replacement parts for the purpose of repairing a vehicle to restore it to its original appearance. After 30 months from when a component part is first sold anywhere in the world, there is no longer any restriction on using or selling similar-looking replacement parts for vehicle repair. The bill applies to all design patents, whether issued before or after enactment, becoming effective 90 days after passage.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
5 cosponsors
Money behind the sponsor
Top reported contributors to Darrell Issa’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- NULL $45,911
- ARMSCOR PRECISION INTL $18,200
- GOOGLE $11,400
- FRANKLIN SQUARE GROUP $7,050
- 1A AUTO $6,850
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Darrell Issa → · Outside spending →
Actions (4)
- Aug 1, 2012 Subcommittee Hearings Held. · house
- Feb 16, 2012 Referred to the Subcommittee on Intellectual Property, Competition and the Internet. · house
- Feb 2, 2012 Referred to the House Committee on the Judiciary. · house
- Feb 2, 2012 Introduced in House
More bills on these subjects (8)
Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE HOUSE OF REPRESENTATIVES
February 2, 2012
Mr. Issa (for himself and Ms. Zoe Lofgren of California) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 35, United States Code, to provide for an exception from infringement for certain component parts of motor vehicles.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Promoting Automotive Repair, Trade, and Sales Act” or the “PARTS Act”.
SEC. 2. EXCEPTION FROM INFRINGEMENT FOR CERTAIN COMPONENT PARTS OF MOTOR VEHICLES.
Section 271 of title 35, United States Code, is amended by adding at the end the following new subsection:
“(j)(1) With respect to a design patent that claims a component part of a motor vehicle as originally manufactured—
“(A) it shall not be an act of infringement of such design patent to make or offer to sell within the United States, or import into the United States, any article of manufacture that is similar or the same in appearance to the component part that is claimed in such design patent if the purpose of such article of manufacture is for the repair of a motor vehicle so as to restore such vehicle to its appearance as originally manufactured; and
“(B) after the expiration of a period of 30 months beginning on the first day on which any such component part is first offered to the public for sale as part of a motor vehicle in any country, it shall not be an act of infringement of such design patent to use or sell within the United States any article of manufacture that is similar or the same in appearance to the component part that is claimed in such design patent if the purpose of such article of manufacture is for the repair of a motor vehicle so as to restore such vehicle to its appearance as originally manufactured.
“(2) For purposes of this subsection—
“(A) the term ‘motor vehicle’ has the meaning given that term in section 32101(7) of title 49;
“(B) the term ‘make’ includes any testing of an article of manufacture; and
“(C) the term ‘offer to sell’ includes any marketing of an article of manufacture to prospective purchasers or users and any pre-sale distribution of the article of manufacture.”.
SEC. 3. CONFORMING AMENDMENT.
Section 289 of title 35, United States Code, is amended—
(1) in the first paragraph, by striking “Whoever” and inserting the following:
“(a) In General.—Whoever”;
(2) in the second paragraph, by striking “Nothing” and inserting the following:
“(b) Relationship to Other Remedies.—Nothing”; and
(3) by adding at the end the following;
“(c) Inapplicability.—This section shall not apply to any person who applies a patented design, or colorable imitation thereof, described in subsection (a) to any article of manufacture if that act would not be considered an act of infringement under section 271(j)”.
SEC. 4. EFFECTIVE DATE.
These amendments made by this Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act and shall apply to any patent issued, or application for patent filed, before, on, or after that effective date. <all>
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