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 a motor vehicle to restore it 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 the motor vehicle to restore it to its original appearance.