Topographies of Semiconductor Products
Legal Basis
– Semiconductor Protection Law of October 22, 1987, last amended on August 10, 2021.
– Semiconductor Protection Regulations of May 11, 2004, last amended on August 10, 2021.
Filing
Applicant: the authorized physical person or legal entity having their residence in one of the member countries of the European Union or in a country that grants reciprocity.
Foreigners and nationals not living in the country: must appoint a representative in Germany.
Types of chip designs: three-dimensional structures of microelectronic semiconductor products (topographies) showing peculiarity, or independently usable parts thereof, e.g. gate-arrays, etc., and representations for the production of topographies, e.g. masks, etc.
Novelty: the first date of industrial use must not be earlier than two years before the application date and the first draft must not be older than fifteen years.
Filing Office: German Patent and Trademark Office.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization required), may be filed later on;
2. Documents for identification or illustration of the topography (drawings or photos of the layout or the mask);
3. Date of the first public industrial use, if the date lies before the application date.
Examination Procedure
Examination: only a formal examination; no examination as to registrability.
Opposition: not possible.
Granting
Registration: the German Patent and Trademark Office enters the chip design in the Official Register.
Publication: as for “utility models“.
Beginning of protection: the protection begins on the date of the first industrial use, or, if there was no industrial use before the application date, on the application date.
Duration: ten years from the beginning of the calendar year following the date of the beginning of the protection.
Annuities: there are no annuities, but only an application fee.
Working: no working required.
Assignment: possible and will be registered on request.
Licenses: possible, but not registrable.
Infringement: actions for infringement based on chip designs can be filed as explained for patents.
Refusal of Protection after Registration
Cancellation: on request of a third party by the reason that the topography is not protectable or was not filed in due time.