SMART Act

I 118TH CONGRESS 1ST SESSION H. R. 1707 To amend title 35, United States Code, to provide for an exception from infringement for certain component parts of motor vehicles. IN THE HOUSE OF REPRESENTATIVES MARCH 22, 2023 Mr. ISSA (for himself, Mr. JOYCE of Ohio, Ms. LOFGREN, Ms. LEE of Florida, Ms. JACKSON LEE, and Ms. PEREZ) introduced the following bill; which was 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Save Money on Auto 4 Repair Transportation Act’’ or the ‘‘SMART Act’’. 5 SEC. 2. EXCEPTION FROM INFRINGEMENT FOR CERTAIN 6 COMPONENT PARTS OF MOTOR VEHICLES. 7 Section 271 of title 35, United States Code, is 8 amended by adding at the end the following: 9 VerDate Sep 11 2014 21:04 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1707.IH H1707 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1707 IH ‘‘(j)(1) In this subsection— 1 ‘‘(A) the term ‘component part’— 2 ‘‘(i) means a component part of the exte- 3 rior of a motor vehicle only, such as a hood, 4 fender, tail light, side mirror, or quarter panel; 5 and 6 ‘‘(ii) does not include an inflatable re- 7 straint system or other component part located 8 in the interior of a motor vehicle; 9 ‘‘(B) the term ‘make’ includes any testing of an 10 article of manufacture; 11 ‘‘(C) the term ‘motor vehicle’ has the meaning 12 given the term in section 32101(7) of title 49; and 13 ‘‘(D) the term ‘offer to sell’ includes any mar- 14 keting of an article of manufacture to prospective 15 purchasers or users and any pre-sale distribution of 16 the article of manufacture. 17 ‘‘(2) With respect to a design patent that claims a 18 component part of a motor vehicle as originally manufac- 19 tured— 20 ‘‘(A) it shall not be an act of infringement of 21 the design patent to make or offer to sell within the 22 United States, or import into the United States, any 23 article of manufacture that is similar or the same in 24 appearance to the component part that is claimed in 25 VerDate Sep 11 2014 21:04 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1707.IH H1707 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1707 IH the design patent if the purpose of the article of 1 manufacture is for the repair of a motor vehicle so 2 as to restore the motor vehicle to the appearance of 3 the motor vehicle as originally manufactured; and 4 ‘‘(B) after the expiration of a period of 30 5 months beginning on the first day on which any 6 such component part is first offered to the public for 7 sale as part of a motor vehicle in any country, it 8 shall not be an act of infringement of the design 9 patent to use or sell within the United States any 10 article of manufacture that is similar or the same in 11 appearance to the component part that is claimed in 12 the design patent if the purpose of the article of 13 manufacture is for the repair of a motor vehicle so 14 as to restore the motor vehicle to the appearance of 15 the motor vehicle as originally manufactured.’’. 16 SEC. 3. CONFORMING AMENDMENT. 17 Section 289 of title 35, United States Code, is 18 amended— 19 (1) in the first undesignated paragraph, by 20 striking ‘‘Whoever’’ and inserting the following: 21 ‘‘(a) IN GENERAL.—Whoever’’; 22 (2) in the second undesignated paragraph, by 23 striking ‘‘Nothing’’ and inserting the following: 24 VerDate Sep 11 2014 21:04 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1707.IH H1707 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1707 IH ‘‘(c) RELATIONSHIP TO OTHER REMEDIES.—Noth- 1 ing’’; and 2 (3) by inserting after subsection (a), as so des- 3 ignated, the following: 4 ‘‘(b) INAPPLICABILITY.—This section shall not apply 5 to an act described in paragraph (1) or (2) of subsection 6 (a) if that act would not be considered an act of infringe- 7 ment under section 271(j)’’. 8 SEC. 4. EFFECTIVE DATE. 9 The amendments made by this Act shall take effect 10 upon the expiration of the 90-day period beginning on the 11 date of the enactment of this Act and shall apply to any 12 patent issued, or application for patent filed, before, on, 13 or after that effective date. 14 Æ VerDate Sep 11 2014 21:04 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1707.IH H1707 pbinns on DSKJLVW7X2PROD with $$_JOB