The Senate Committee on the Judiciary

224 Dirksen Senate Office Building 

Washington, D.C. 20510

Dear Members of the Senate Committee on the Judiciary,

On behalf of the Digital Right to Repair Coalition (“The Repair Association”), an organization representing over 400 member companies across a variety of industries, I’m writing to ask for your support of consumer choice and right to repair in the automotive industry by introducing legislation that combats anti-competitive practices, like design patent misuse. The Repair Association is centered around a simple principle: consumers should have the right to repair the products they own. We believe that competition is an essential component of any market, including automotive repairs, and is better for consumers. We are dedicated to fighting against anti-competitive practices that stifle innovation, restrict small businesses, and disadvantage consumers, regardless of industry.

Right to repair is a growing, consumers-first movement that is expanding as more people recognize that the law should put consumers first. Growing momentum around repair restrictions for electronics and consumer appliances has spurred companies like Microsoft and Apple to commit to take action to expand their repair offerings. There’s much more work to be done. According to a new national survey from the CAR Coalition, an overwhelming majority (78%) of vehicle-owning voters support federal right to repair legislation that protects against design patent abuse in the automotive industry, such as the Save Money on Auto Repair Transportation (SMART) Act (H.R. 3664), and makes vehicle data more readily available. The Repair Association believes federal right to repair legislation is an essential step forward in answering consumers’ call for stronger protections in the automotive repair industry and would serve as an example to other industries. 

We have seen similar practices deployed that block the repair of consumer electronics, such as design patents limiting access to common parts such as replacement glass and batteries for cell phones. Lack of competition for these common parts is a leading reason why consumers are buying replacement products – instead of seeking repairs – to the detriment of owners’ rights and sensible environmental policies governing e-waste. We believe the trend toward more limitations on repair will continue without congressional action. 

Legislative protections are needed to ensure car repair market competition and safeguard consumer choice around quality, affordable car repairs. It’s time we amend U.S. design patent law to limit the period in which automakers can enforce design patents against alternative parts manufacturers from 15 years to 2.5 years. 

While OEMs will still control the vast majority of their parts’ availability within the warranty period and not lose the design value associated with those parts, legislation is needed to enable the secondary parts market to serve the needs of post-warranty repairs in an open market. We would want the same to apply for design patents not only in the automobile industry, but for every industry. 

Thank you for your consideration and hard work in serving American citizens. 

Sincerely,

Gay Gordon-Byrne

Executive Director, Digital Right to Repair Coalition