Topographies of Semiconductor Products

– Decree-Law No. 110/2018 of December 10, 2018, effective from July 1, 2019, with amendments, suppressions and additions to the Industrial Property Code of 2008 (Decree-Law No. 143/2008 of July 25, 2008) regarding the enforcement of IP rights.
– Portuguese Industrial Property Code approved by Decree-Law No. 36/2003 of March 5, 2003, amended by Decree-Law No. 318/2007 of September 26, 2007, by Decree-Law No. 360/2007 of November 2, 2007, by Law No. 16/2008 of April 1, 2008 and by Decree-Law No. 143/2008 of July 25, 2008.

Filing, Protection

Applicant: as for “Patents“. 

Applicants not living in the country: as for “Patents“. 

Definition of semiconductor product: the final or intermediate form of any product which cumulatively: (a) consists of a body of a material which includes a layer of semiconducting material; (b) has one or more layers of conducting, insulating or semiconducting material, the layers being arranged in accordance with a predetermined three-dimensional pattern; and (c) is intended to perform an electronic function, either exclusively or together with other functions. 

Definition of topography of a semiconductor product: by topography of a semiconductor product is meant a series of related images, either fixed or encoded, which represent the three-dimensional pattern of the layers which compose the product, and where each image has the pattern or part thereof of a surface of the same product, at any stage of its manufacture. 

Right to protection: the topography should be filed within two years from its first commercial use and within fifteen years from being fixed or encoded for the first time. 

Duration: the registration of topographies will be effective for a period of ten years from the date of its formal application or from the date of its first commercial exploitation anywhere, whichever is earlier.

Filing requirements for an application (to be sent to resident agent):
1. Name, nationality and address of applicant;
2. Summary of the topography’s characteristics;
3. Description of the topography and claims;
4. Power of attorney signed by the applicant. No power of attorney is needed if the application is filed by an official Portuguese industrial property agent, lawyer or solicitor;
5. Date of the first public use.