Semiconductor protection: basics
Semiconductor protection concerns the three-dimensional structure of a microelectronic semiconductor – or, to put it simply: it protects the internal structure of a microchip. In technical terms, this structure is also called a topography (layout) – that is, the arrangement of layers. The maximum term of protection is ten years. For semiconductor products that have already been commercially exploited, protection begins on the date of the first commercial exploitation – provided you file the application within two years. For products that have not yet been commercially exploited, protection begins on the filing date.
You must include the following with your application:
- an application for registration with a brief and precise description of the topography
- Documents for identifying or illustrating the topography, e.g., photocopies of individual layers or manufacturing masks of the semiconductor product
- the date of the first public commercial exploitation, if this has already taken place and is claimed
- possibly the semiconductor product itself
Use Form HT 1 for your application—this will make it easier to meet the formal requirements.
If your application meets the formal requirements, the intellectual property right will be entered in the Semiconductor Protection Register and the entry will be published in the Patent Gazette. A substantive examination – such as for novelty – does not take place.
Any person may challenge a registered semiconductor protection if they believe it should not have been registered. To do so, a request for invalidation must be filed with the Austrian Patent Office.
To view the Semiconductor Register or to inspect the files, please contact us by email at kopierstelle(at)patentamt.at.
The filing fee for semiconductor topography protection is €335 (including the document fee). A certified extract from the register costs €34 per semiconductor topography right.
If your semiconductor protection is infringed, you can file a lawsuit with the Commercial Court of Vienna. Possible claims include:
- Cease and desist from the infringing act
- Destruction of the infringing items and the tools necessary for their manufacture
- Compensation for damages or surrender of profits
- Publication of the judgment
- Information regarding the origin and distribution channels of the infringing products
You have already marketed your semiconductor topographies? Then the clock is ticking: From the first commercial use, you have only two years to file for protection. If you wait longer, the claim expires.
Not sure what you can protect?
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