US bill challenges OEM parts design patent protections

A bill was introduced to the U.S. House of Representatives last week that, if passed, would drastically reduce the period during which vehicle manufacturers can enforce their design patents on collision repair parts against aftermarket manufacturers, according to Collision Week.

The Promoting Automotive Repair, Trade, and Sales (PARTS) Act would amend title 35 of U.S. design patent law to reduce the period of design patent protection for automakers from the current 14 years to just 30 months.

Under the PARTS Act, the 30 month period would commence as soon as a particular car model (containing a design-patented part) is introduced anywhere in the world. In addition, the patent protection period would only apply to the sale of the parts, allowing aftermarket manufacturers to produce, test, market and distribute parts pre-sale without infringing upon the design patents.

The American Insurance Association (AIA) said: "This legislation is necessary to protect consumers from $1.5 billion in additional annual repair costs. Drivers simply don't deserve to be hit in the wallet after they have been hit on the road."

The Australian government resolved this issue back in 2000 with the right to repair clause in the Australian designs act.