What is integrated circuit layout design?
Integrated circuit refers to a semiconductor integrated circuit, that is, an intermediate product or a final product that takes a semiconductor material as a substrate and integrates at least two components and part or all of the interconnection lines in or on the substrate to perform some electronic function. Generally speaking, it is the layout design that determines the geometric arrangement and connection of electronic components used to manufacture integrated circuits in conductive materials.
The layout design of integrated circuits is essentially a graphic design, but it is not an industrial design and cannot be protected by patent law. It is neither an expression of an idea nor artistic, so it is not among the works and cannot be protected by copyright law.
Because the existing patent law and copyright law can not effectively protect the layout-design of integrated circuits, many countries in the world have adopted separate legislation to confirm the exclusive right of layout-design, that is, to protect other intellectual property rights, and China has also formulated the Regulations on the Protection of Layout-design of Integrated Circuits and its implementing rules. 1989, the World Intellectual Property Organization adopted the Washington Treaty on Intellectual Property of Integrated Circuits, which was signed by China in 1990.
Acquisition process of integrated circuit layout design
1. The exclusive right of integrated circuit layout design is registered in China National Intellectual Property Administration. To obtain the exclusive right of layout design, you must apply for registration in China National Intellectual Property Administration.
2. The application documents are unqualified and will not be accepted.
3. If there are formal defects in the application documents, the examiner shall issue a notice of acceptance and a notice of correction, and the applicant shall submit the corrected materials within the prescribed time limit according to the requirements in the notice of correction.
4. After reviewing the application documents submitted by the applicant, no formal defects are found, and the examiner issues a notice of acceptance and a notice of payment.
5. The applicant can pay the fee after receiving the payment notice, including the registration fee of 2000 yuan and the stamp duty of 5 yuan, which cannot be delayed.
6. After preliminary examination, if there is no reason for rejecting the application for registration, China National Intellectual Property Administration will issue a certificate of registration of layout design, which will be published in China Intellectual Property News and its official website.
7. The protection period of the exclusive right of layout-design of integrated circuits is 10 year, and the starting date is the date of application for layout-design registration or the date of first commercial use anywhere in the world, whichever is earlier.