PDF(PDF provides a complete and accurate display of this text.)Tip?
Shown Here: Introduced in Senate (02/25/2015)
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 560 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 560
To amend title 35, United States Code, to provide for an exception from
infringement for certain component parts of motor vehicles.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2015
Mr. Hatch (for himself and Mr. Whitehouse) introduced the following
bill; which was read twice and 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 of 2015'' 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 `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 `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 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:
``(c) Relationship to Other Remedies.--Nothing''; and
(3) by inserting after subsection (a), as designated 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 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.
<all>
