From AAIA Capital Report

Legislation (S. 1368, H.R. 5638) was introduced last week in both the House and Senate that will ensure consumers continue to have access to affordable collision repair parts. Introduced by Sen. Sheldon Whitehouse (D-R.I.) and Rep. Zoe Lofgren (D-Calif.), the Access to Repair Parts Act would create an exemption in design patent law for automotive parts that need to look the same as the original equipment parts in order for a collision repair to be completed, while still protecting the manufacturer's design protection on the first sale of the vehicle. 

According to the Quality Parts Coalition, of which AAIA is a member, consumers who after an accident need an exterior collision repair part (e.g., a bumper, fender or hood) to fix their car, have long benefited from a choice between a part produced by or for the manufacturer of the car and an alternatively-supplied part. However, because of a recent International Trade Commission (ITC) enforcement decision, Ford successfully enforced its design patents on a number of exterior auto repair parts thus threatening to limit access to alternatively supplied parts, restrict consumer choice and raise prices.

"By exempting auto repair parts under the patent laws, this bill will preserve competition in the car parts market and ultimately lead to lower prices for consumers, at a time when every little bit helps," said Whitehouse, a member of the Senate Judiciary Committee. "I also recognize that the top priority right now in the patent arena is passage of the Patent Reform Act. I am a co-sponsor of that important legislation and am determined to help ensure passage of that bill as soon as possible."