HR 3664 117th Congress House

SMART Act

Official title: To amend title 35, United States Code, to provide for an exception from infringement for certain component parts of motor vehicles.

Introduced: June 1, 2021 Introduced by: Issa, Darrell Republican · California See on congress.gov

Commerce Intellectual propertyManufacturingMarketing and advertisingMotor vehiclesTrade restrictions

Everywhere this bill has been 3 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Nov 1, 2022

Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Jun 1, 2021

Referred to the House Committee on the Judiciary.

Jun 1, 2021

Introduced in House

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Latest action November 1, 2022

Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Plain-English summary Congressional Research Service

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.

Related & companion bills 1

Bill text 1 version