Aftermarket parts proponents are again pushing for repair clause legislation that would loosen patent laws for visible crash parts. Legislation introduced in Congress June 25 would amend U.S. patent code so that it wouldn’t be an act of design patent infringement to manufacture or distribute alternative repair parts for the purpose of repairing a vehicle to its original appearance.
H.R. 3059, the “Access to Repair Parts Act,” was authored by Rep. Zoe Lofgren, D-Calif., who introduced similar legislation last year (click HERE to read more). Supporters of the bill say OEMs have obtained an increasing number of design patents for visible crash parts in an attempt “to block competitors from producing and distributing affordable alternatives” for consumers, a release announcing the legislation stated.
“The rising cost of repair parts will put a severe dent in the pocket books of many working Americans,” Lofgren said. “I believe that our patent system should provide an appropriate incentive for industrial designers to innovate. However, the system must be balanced and take into account the legitimate needs of consumers.”
Earlier this year, Ford and LKQ Corp. reached a settlement in a lawsuit filed by Ford Motor Company to protect its design patents on collision parts. The settlement mandates that LKQ will not challenge the validity and enforceability of Ford’s design patents during the term of the agreement, and LKQ will be the sole non-OEM distributor of copies of Ford collision parts (click HERE to read more). H.R. 3059’s proponents say that once the agreement – which is valid for two years – expires, Ford could again file claims of design patent infringement against parts manufacturers.
The Quality Parts Coalition (QPC) supports H.R. 3059.
“From keeping the costs of repairs reasonable to ensuring that our aftermarket continues to thrive, the adoption of the ‘Access to Repair Parts Act’ is a win for motorists and hard-working Americans all over the country,” said Eileen Sottile, QPC executive director. “As a representative of many of these voices, the QPC is focused on advancing H.R. 3059. It’s time we stop the car companies in their tracks. It’s time we stand up for consumers.”
For more information about Ford’s patent suits, click HERE.
