Therefore, it is often suggested that integrated circuit enterprises planning to declare high-tech enterprises should pay attention to the registration of integrated circuit layout design when making intellectual property layout.
For the registration of integrated circuit layout design, the following is to introduce relevant knowledge for everyone to fully understand the registration of integrated circuit layout design.
1. What is integrated circuit layout design?
According to Article 2 of the Regulations on the Protection of Layout Design of Integrated Circuits, layout design of integrated circuits 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.
The above-mentioned 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 elements with at least one active element and some or all interconnection lines in or on the substrate to perform some electronic function.
Second, the role of the exclusive right of integrated circuit layout design
After obtaining the exclusive right of layout design of integrated circuit, without the permission of the layout design right holder, others may not:
(1) Copy all or any original part of the protected layout-design;
(2) importing, selling or otherwise providing a protected layout design, an integrated circuit containing the layout design or an article containing the integrated circuit for commercial purposes.
Any of the above acts shall be regarded as infringement of the exclusive right of layout-design. The actor must immediately stop the infringement and bear the liability for compensation.
Three. Registration conditions of integrated circuit layout design
1. The protected layout-design must be original, that is, the layout-design is the result of the creator's own intellectual labor, and at the time of creation, the layout-design is not a conventional design recognized by the layout-design creator and the integrated circuit manufacturer; 2. The protected layout-design composed of conventional design should also be original as a whole.
Four. Time required to apply for registration of integrated circuit layout design
The examination adopts the registration system, and the application is allowed to register after passing the preliminary examination. The registration process is short, and you can get the certificate about 2 months after submitting the application.
Verb (abbreviation of verb) Materials needed for registration of integrated circuit layout design
Documents that must be submitted:
1, 1 integrated circuit layout design registration application form;
2. Pattern 1 copy;
3. Catalogue of drawings: 1 copy;
Files that may be required:
4. If the layout-design of an integrated circuit has been put into commercial use before the application date, four samples shall be submitted to the China National Intellectual Property Administration Patent Office when applying for registration;
5. If the applicant entrusts an agency, it shall also submit a power of attorney for the registration of integrated circuit layout design;
In addition, the agent can also submit:
6. CD containing electronic components of integrated circuit layout design;
7. Brief introduction of integrated circuit layout design.
Format requirements of application documents:
Pattern: including the general layout and layered layout, printed on A4 paper in a size suitable for A4 paper; Print a picture on each page; When there are many drawings, they should be numbered in sequence.
Table of Drawings: The layer name of each page of drawings shall be indicated.
Samples: Four submitted samples of integrated circuits should be placed in special instruments, and the name of the applicant and the name of the integrated circuit layout design should be marked on the surface of the instruments.
Brief description: Explain the structure, technology, function and other matters that need to be explained in the layout design of integrated circuits.
Registration period of intransitive verb integrated circuit layout design
The term of protection of the exclusive right of layout-design is 10 year, counting from the date of application for registration of layout-design or the date of first commercial use anywhere in the world, whichever is earlier. However, regardless of whether it is registered or put into commercial use, the layout-design is no longer protected after 15 years from the date of creation.
Seven, integrated circuit layout design registration fee
The registration fee of layout design is 1 000 yuan, and the stamp duty 5 yuan shall be paid when the layout design of integrated circuit is registered, totaling 1 005 yuan.
At present, the layout design of integrated circuits belongs to the patent category in the field of intellectual property rights in China, which is of high value. Compared with invention patents and utility models, integrated circuit layout design has the obvious advantage of short application period, which can help integrated circuit enterprises planning to declare high-tech enterprises to obtain higher intellectual property scores in a short time. Even if it is not announced for the time being, it must be an important part of the enterprise's intellectual property strategic planning.