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HR 3059 IH
111th CONGRESS
1st Session
H. R. 3059
To amend title 35, United States Code, to create an exception from infringement of design patents for certain component parts used to repair another article of manufacture.
IN THE HOUSE OF REPRESENTATIVES
June 25, 2009
Ms. ZOE LOFGREN of California (for herself, Mr. BOUCHER, Ms. JACKSON-LEE of Texas, Mr. DELAHUNT, Mr. COHEN, and Mr. WILSON of Ohio) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 35, United States Code, to create an exception from infringement of design patents for certain component parts used to repair another article of manufacture.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. EXCEPTION FROM INFRINGEMENT FOR CERTAIN COMPONENT PARTS.
(a) In General- Section 271 of title 35, United States Code, is amended by adding at the end the following new subsection:
‘(j) It shall not be an act of infringement of any design patent to make, use, offer to sell, or sell within the United States or import into the United States any article of manufacture that itself constitutes a component part of another article of manufacture, if the sole purpose of the component part is for the repair of the article of manufacture of which it is a part so as to restore its original appearance.’.
(b) Applicability- The amendment made by subsection (a) applies to acts done on or after the date of the enactment of this Act.