SMART Act

To amend title 35, United States Code, to provide for an exception from infringement for certain component parts of motor vehicles. 1. Short title This Act may be cited as the Save Money on Auto Repair Transportation Act SMART Act 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 (C) the term motor vehicle (D) the term offer to sell (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. . 3. Conforming amendment Section 289 of title 35, United States Code, is amended— (1) in the first undesignated paragraph, by striking Whoever (a) In general Whoever ; (2) in the second undesignated paragraph, by striking Nothing (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) . 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.

Summary: Save Money on Auto Repair Transportation Act or the SMART Act This bill limits design patent infringement liability for component parts used to repair the exterior of a motor vehicle. Specifically, the bill limits liability for infringement of a design patent that claims the appearance of a component part of a motor vehicle's exterior, such as a hood or fender. The act of making, offering to sell within the United States, or importing into the United States an article of manufacture (such as an exterior component part from an aftermarket manufacturer) that would otherwise infringe such a design patent shall not constitute infringement if the purpose of the article of manufacture is to repair and restore a motor vehicle to its original appearance. In addition, 30 months after a motor vehicle with an exterior component part covered by a design patent is offered for sale in any country, it shall not constitute design patent infringement to use or sell within the United States an otherwise-infringing article of manufacture if the purpose of that article of manufacture is to repair and restore the motor vehicle to its original appearance.