,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #affc  ,,in ,,the ,,house ,,of  
,,representatives  ,april #bc1 #bjac    
,mr4 ,issa 7for himself and ,ms4        
,lofgren7 introduced the following bill2
 which was referred to the ,committee on
 the ,judiciary  ,a ,,bill  ,to amend   
title #ce1 ,united ,states ,code1 to    
provide for an exception from           
infringement for certain component parts
 of motor vehicles4  #a4 ,short title   
,this ,act may be cited as the          
,promoting ,automotive ,repair1 ,trade1 
and ,sales ,act of #bjac or the ,,parts 
,act4  #b4 ,exception from infringement 
for certain component parts of motor    
vehicles ,section #bga of title #ce1    
,united ,states ,code1 is amended by    
adding at the end the following new     
subsection3  7j7 7#a7 ,with respect to a
 design patent that claims a component  
part of a motor vehicle as originally   
manufactured--  7,a7 it shall not be an 
act of infringement of such design      
patent to make or offer to sell within  

the ,united ,states1 or import into the 
,united ,states1 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 manufactured2  
and  7,b7 after the expiration of a     
period of #cj 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  
country1 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 manufactured4  7#b7 ,for     

purposes of this subsection--  7,a7 the 
term component part--  7i7 means a      
component part of the exterior of a     
motor vehicle only1 such as a hood1     
fender1 tail light1 side mirror1 or     
quarter panel2 and  7ii7 does not       
include an inflatable restraint system  
or other component part located in the  
interior of a motor vehicle2  7,b7 the  
term motor vehicle has the meaning given
 that term in section #cbaja7g7 of title
 #di2  7,c7 the term make includes any  
testing of an article of manufacture2   
and  7,d7 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 manufacture4  4  #c4     
,conforming amendment ,section #bhi of  
title #ce1 ,united ,states ,code1 is    
amended--  7#a7 in the first paragraph1 
by striking ,whoever and inserting the  
following3  7a7 ,in general ,whoever  2 
7#b7 in the second paragraph1 by        
striking ,nothing and inserting the     

following3  7c7 ,relationship to other  
remedies ,nothing  2 and  7#c7 by       
inserting after subsection 7a71 as      
designated by paragraph 7#a71 the       
following3  7b7 ,inapplicability ,this  
section shall not apply to an act       
described in paragraph 7#a7 or 7#b7 of  
subsection 7a7 if that act would not be 
considered an act of infringement under 
section #bga7;j7  4  #d4 ,effective date
 ,the amendments made by this ,act shall
 take effect upon the expiration of the 
#ij-;day period beginning on the date of
 the enactment of this ,act and shall   
apply to any patent issued1 or          
application for patent filed1 before1   
on1 or after that effective date4