SMART Act
Bill: H.R.3664 | Sponsor: Rep. Issa, Darrell E. (R-CA)
Policy area: Commerce

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.

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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