Is Copying Replacement Parts Illegal? What You Can Do to Prevent It
The most frequently asked question is: “Can we make our replacement parts ourselves, or do we have to purchase parts from the Original Equipment Manufacturer (OEM)?”
This could refer to a polycarbonate injection molded part, or any other plastic injected items. It could be expensive, and there could be significant differences in price between locally manufactured parts and OEM parts. There are also concerns regarding the quality and availability.
Although the answer could be “yes,” there are a myriad of issues to be taken into consideration:
- Intellectual property — including patents, registered designs, and copyright
- Contractual obligations — agreements between buyer and OEM
- Trademarks & misleading conduct — legal boundaries on branding and representation
Here’s a comprehensive list of issues that need to be addressed when designing replacement parts.
1. Patents
If you’re thinking about copying a plastic part, you might want to consider the patents that protect it.
Does the component have patent protection? It’s generally not an infraction of a patent to make and sell parts for a replacement of a machine, even if the machine is covered by patents. The part could be protected by patents. Patent rights can be mentioned in the product’s documentation. Patent searches can be conducted if there is doubt.
In general, it is not considered an infringement of a patent to make and sell parts for a machine if the machine is already covered by patents. But what if the machine is protected by patents? In that case, it’s possible that the part could be protected by patents as well.
✅ What You Should Do About Patents
- Read the product documentation — check if patent rights are mentioned.
- Check expiration status — if rights are mentioned, verify whether those patents have expired or been revoked. Some expire after 20 years, others may last up to 30 years.
- Conduct a patent search — if you think there’s any chance your design has been patented without being mentioned in documentation, search before proceeding with production of any kind.
2. Designs for Registers
Are there registered designs for the component? In certain instances, manufacturers can request protection for their designs. This is particularly true when the shape and function is determined by the location of the machine. In case of doubt, a registered search is a possibility. The defense of a component that was replaced and repaired is also a possibility.
3. Confidential Information
Are any confidential information being used in connection with the manufacturing of the component? Details on the materials used and details on tolerances in the drawings provided by OEM can be classified as confidential. Information that is retrieved from public sources or analyzed through an analysis of the component is typically not considered to be confidential.
💡 Key Tip: To prevent any accusations of misuse, reverse engineering could be required in certain situations.
4. Contractual Clauses
Are there agreements that restrict or require the production of spare parts for the proprietor of the machine or equipment? It is possible to review all applicable clauses. There could be questions concerning enforceability if they are unlawful or infringe on competition. Understanding manufacturing risk is essential when evaluating these agreements.
5. Copyright
For engineering drawings, copyright is usually in force. It could be an infraction of copyright for anyone to create a three-dimensional replica of the drawing (i.e., making a part in accordance with the drawing).
The Copyright Act provides that it is not unlawful to copyright a portion of an engineering design when the copyright owner or licensee created the piece and then sold it commercially. In these cases, reverse engineering drawings will not be considered to be copyright infringement.
⚖️ Important: This is a field of law that is difficult to navigate and there are some exceptions. The law says that copyright doesn’t protect the production of machine parts for mass production.
6. Trademarks
A spare part manufactured by an individual who is not the trademark proprietor (or licensee) cannot be offered for sale or distributed with the trademark’s name.
❌ Not Allowed: “This is an official Toyota part.”
✅ Allowed: “This item is specifically intended for use with the Toyota automobile.”
7. Misleading or Deceptive Conduct
A supplier is not able to deceive a client or the public through statements or by omitting information that leads to their customers or anyone else being misled in any way (or the potential of being fooled).
- It’s misleading and deceiving to state that the parts are OEM parts or are accepted by an OEM.
- If a consumer or the public are deceived, it could be deceitful or misleading to not disclose information or remain silent.
It is crucial to think about the rights of an OEM prior to deciding whether to purchase parts from local suppliers instead of an OEM. It’s possible, provided you meet the appropriate conditions.
8. OEM Actions
It is possible to look at the issue from the perspective of an OEM. But there are additional questions: “Can I do anything to stop my customers from making spare parts themselves?”
What Your Lawyer May Recommend
- File for protection — request patents, registrations of designs, and trademarks if required.
- Secure confidential information — implement agreements, appropriate methods, and protocols to protect your private data.
- Add contractual restrictions — but be aware of the law regarding anti-competitive conduct or unlawful restrictions on trade. Familiarize yourself with regulatory standards in injection molding to stay compliant.
It is interesting that when it comes to copied replacement parts, copyright law is only of aid to the OEM with the exception of cases where direct copying of drawings is permitted. In certain cases, it is not considered infringement when the copies were made by reverse engineering.
Conclusion: How Can We Help?
It’s all about knowing the legal framework to ensure that both OEM and the customer can make informed choices about what is legal and what is not. There is a possibility of grave consequences if you do it wrong.
Frequently Asked Questions
Can I legally manufacture my own replacement parts instead of buying from the OEM?
Yes, in many cases you can — but you must consider patent protection, registered designs, copyright on engineering drawings, trademark restrictions, contractual obligations, and confidentiality of OEM data before proceeding. Learn more about the difference between OEM and ODM.
Is it patent infringement to make a spare part for a patented machine?
Generally, it is not an infringement to make and sell replacement parts for a machine even if the machine itself is patented. However, the individual part could have its own patent protection. Always conduct a patent search if in doubt.
Can I use an OEM’s trademark on my replacement part?
No. You cannot label a part with an OEM’s trademark if you are not the trademark owner or licensee. However, you may state that the part is “intended for use with” the branded product.
What can an OEM do to prevent customers from copying parts?
OEMs can file for patents and design registrations, protect confidential information through agreements and protocols, and add contractual restrictions — while staying compliant with anti-competition laws.
How can I reduce costs when sourcing replacement parts?
You can explore proven strategies for reducing injection molding costs, compare local versus overseas manufacturing options, and ensure your part design follows DFM principles to avoid unnecessary tooling expenses.
