The Deputy Director of the USPTO met with representatives from U.S. automakers on May 6, 2008 as part of a tour to seek input from various parties regarding design patent protection for automobile components.
Currently, components of automotive vehicles, such as headlights, mirrors, and body panels may be protected by design patents. Manufacturers of spare parts and body shops using such parts to repair vehicles may be liable for patent infringement.
Legislation introduced in the House of Representatives on March 13, 2008 would amend 35 USC 271 by adding an exception from infringement for component parts of an article of manufacture that would solely be used to repair the article of manufacture so as to restore its original appearance. Proponents of the legislation, including independent parts manufacturers and insurance companies, argue that eliminating design patent protection of spare parts best serves the public interest by lowering costs associated with repair of damaged vehicles.
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