White Paper on Protecting the Consumer Patent Law Right of Repair and the Aftermarket for Exterior Motor Vehicle Repair Parts: The Parts Act, S. 812; H.R. 1879, 115th Congress

25 Pages Posted: 8 Dec 2017

Date Written: November 1, 2017

Abstract

Legislation is needed to protect the patent law consumer repair right for exterior, non-structural, non-safety-related exterior collision repairs for motor vehicles. This White Paper: explains the history and theory of design patents on parts and fragments of parts; discusses how such patents adversely affect the historic patent law consumer repair right (that is based in exhaustion doctrine); and describes how the PARTS Act would provide a narrow solution to the problem caused by such patents without diminishing design incentives.

Keywords: patent, design, repair, reconstruction, exhaustion, PARTS Act, motor vehicles, subject matter, article of manufacture, machine, infringement

JEL Classification: K2, K21, K11, K20, N00, O30, O31, O34, P36, P46

Suggested Citation

Sarnoff, Joshua D., White Paper on Protecting the Consumer Patent Law Right of Repair and the Aftermarket for Exterior Motor Vehicle Repair Parts: The Parts Act, S. 812; H.R. 1879, 115th Congress (November 1, 2017). Available at SSRN: https://ssrn.com/abstract=3082289 or http://dx.doi.org/10.2139/ssrn.3082289

Joshua D. Sarnoff (Contact Author)

DePaul University College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States
312-362-6326 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
79
Abstract Views
518
rank
327,925
PlumX Metrics