Is the layout design of integrated circuits a patent right?

Legal analysis: According to the relevant laws and regulations, the layout design of integrated circuits cannot be patented and should be protected by the exclusive right of layout design of integrated circuits. Integrated circuit is actually a practical graphic design, and its content is determined by the position of components with electronic functions in the integrated circuit, not the appearance of the product, so it cannot be classified into the category of patent protection for design in the patent law.

Legal basis: Regulations on the Protection of Layout Design of Integrated Circuits

Article 2 The meanings of the following terms in these Regulations: (1) Integrated circuit refers to a semiconductor integrated circuit, that is, an intermediate product or a final product in which at least two components with at least one active element and some or all interconnection lines are integrated in or on a substrate to realize some electronic function; (2) Layout design of integrated circuits (hereinafter referred to as layout design) refers to the three-dimensional configuration of at least two components and some or all interconnection lines in an integrated circuit, or the above-mentioned three-dimensional configuration prepared for manufacturing integrated circuits; (3) The right holder of a layout-design refers to a natural person, legal person or other organization that enjoys exclusive rights to a layout-design in accordance with the provisions of these Regulations. (4) Copying refers to the act of repeatedly making a layout design or an integrated circuit containing the layout design; (5) Commercial exploitation refers to the act of importing, selling or otherwise providing protected layout designs, integrated circuits containing the layout designs or articles containing the integrated circuits for commercial purposes.

Article 3 A layout-design created by a natural person, a legal person or any other organization within the territory of China shall enjoy the exclusive right of layout-design in accordance with these Regulations. If a layout-design created by a foreigner is first put into commercial use in China, he shall enjoy the exclusive right of layout-design in accordance with these regulations. In the case of a layout-design created by a foreigner, if the country to which it belongs has signed an agreement on the protection of the layout-design with China or acceded to an international treaty on the protection of the layout-design, it shall enjoy the exclusive right to the layout-design in accordance with these Regulations.