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 sub-
section: 
‘‘(j)(1) With respect to a design patent that claims 
a component part of a motor vehicle as originally manufac-
tured— 
‘‘(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 appear-
ance 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 
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manufacture is for the repair of a motor vehicle so 
as to restore such vehicle to its appearance as origi-
nally manufactured. 
‘‘(2) For purposes of this subsection— 
‘‘(A) the term ‘component part’— 
‘‘(i) means a component part of the exte-
rior of a motor vehicle only, such as a hood, 
fender, tail light, side mirror, or quarter panel; 
and 
‘‘(ii) does not include an inflatable re-
straint system or other component part located 
in the interior of a motor vehicle; 
‘‘(B) the term ‘motor vehicle’ has the meaning 
given that term in section 32101(7) of title 49; 
‘‘(C) the term ‘make’ includes any testing of an 
article of manufacture; and 
‘‘(D) the term ‘offer to sell’ includes any mar-
keting 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 ‘‘Who-
ever’’ and inserting the following: 
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‘‘(a) IN GENERAL.—Whoever’’; 
(2) in the second paragraph, by striking ‘‘Noth-
ing’’ and inserting the following: 
‘‘(c) RELATIONSHIP TO OTHER REMEDIES.—Noth-
ing’’; and 
(3) by inserting after subsection (a), as des-
ignated by paragraph (1), 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 infringe-
ment 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. 
Æ 
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