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Bill > HR1663


US HR1663

US HR1663
PARTS Act


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

113th Congress

Bill Summary

Promoting Automotive Repair, Trade, and Sales Act of 2013 or PARTS Act - Makes it not an act of infringement, with respect to a design patent that claims a component part of a motor vehicle as originally manufactured, to: (1) make, test, 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 claimed in such design patent if the purpose of such article is for the repair of a motor vehicle to restore its appearance to as originally manufactured; and (2) use or sell within the United States any such same or similar articles for such restorations more than 30 months after the claimed component part is first offered for public sale as part of a motor vehicle in any country. Defines "component part" as a component part of the exterior of a motor vehicle only (such as a hood, fender, tail light, side mirror, or quarter panel), excluding an inflatable restraint system or other component part located in the interior of a motor vehicle. Specifies that an offer to sell includes any marketing of an article of manufacture to prospective purchasers or users and any pre-sale distribution. Applies this Act to any patent issued, or application filed, before, on, or after the effective date of this Act.

AI Summary

This bill, known as the Promoting Automotive Repair, Trade, and Sales Act of 2013 or the PARTS Act, creates an exception to design patent infringement for certain exterior car parts. Specifically, it clarifies that it is not an infringement of a design patent to make, test, offer to sell, or import a part that looks the same or similar to a patented exterior component part of a motor vehicle, such as a hood or fender, if the purpose is to repair the vehicle and restore its original appearance. This exception applies for 30 months after the patented part is first publicly sold as part of a new vehicle. The bill defines "component part" as only exterior parts, excluding interior items like airbags, and clarifies that "offer to sell" includes marketing and pre-sale distribution. This new rule will apply to all patents, regardless of when they were issued or applied for, and aims to make it easier and more affordable to repair vehicles by allowing for the use of aftermarket parts that match the original look.

Committee Categories

Justice

Sponsors (9)

Last Action

Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (on 06/14/2013)

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