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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3889 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3889

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

                            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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