H. R. 3889
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
To amend title 35, United States Code, to provide for an exception from infringement for certain component parts of motor vehicles.
This Act may be cited as the
Promoting Automotive Repair, Trade,
and Sales Act or the
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:
With respect to a design patent that claims a component part of a motor vehicle as originally manufactured—
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
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.
For purposes of this subsection—
the term motor vehicle has the meaning given that term in section 32101(7) of title 49;
the term make includes any testing of an article of manufacture; and
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.
Section 289 of title 35, United States Code, is amended—
in the first
paragraph, by striking
Whoever and inserting the
in the second
paragraph, by striking
Nothing and inserting the following:
Relationship to other remedies
by adding at the end the following;
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)
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.