[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1707 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1707
To amend title 35, United States Code, to provide for an exception from
infringement for certain component parts of motor vehicles.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Issa (for himself, Mr. Joyce of Ohio, Ms. Lofgren, Ms. Lee of
Florida, Ms. Jackson Lee, and Ms. Perez) 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 ``Save Money on Auto Repair
Transportation Act'' or the ``SMART 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:
``(j)(1) In this subsection--
``(A) the term `component part'--
``(i) means a component part of the exterior of a
motor vehicle only, such as a hood, fender, tail light,
side mirror, or quarter panel; and
``(ii) does not include an inflatable restraint
system or other component part located in the interior
of a motor vehicle;
``(B) the term `make' includes any testing of an article of
manufacture;
``(C) the term `motor vehicle' has the meaning given the
term in section 32101(7) of title 49; and
``(D) 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.
``(2) 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 the 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 the design patent if the purpose of the article
of manufacture is for the repair of a motor vehicle so as to
restore the motor vehicle to the appearance of the motor
vehicle 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 the
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 the design
patent if the purpose of the article of manufacture is for the
repair of a motor vehicle so as to restore the motor vehicle to
the appearance of the motor vehicle as originally
manufactured.''.
SEC. 3. CONFORMING AMENDMENT.
Section 289 of title 35, United States Code, is amended--
(1) in the first undesignated paragraph, by striking
``Whoever'' and inserting the following:
``(a) In General.--Whoever'';
(2) in the second undesignated paragraph, by striking
``Nothing'' and inserting the following:
``(c) Relationship to Other Remedies.--Nothing''; and
(3) by inserting after subsection (a), as so designated,
the following:
``(b) Inapplicability.--This section shall not apply to an act
described in paragraph (1) or (2) of subsection (a) if that act would
not be considered an act of infringement under section 271(j)''.
SEC. 4. EFFECTIVE DATE.
The 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.
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