Semiconductor And Integrated Circuits

Semiconductor and Integrated Circuits By, Vintee Mishra Brain League IP Services

Copyright Brain League IP Services 2008

ORIGIN 1947 Bell Labs invents transistor on December 23. Its first commercial use was in products for the hearing impaired. 1953 Motorola applies for its first semiconductor related patent to develop low cost transistors for audio power stages of radio communication receivers and auto radios

1957 The semiconductor industry surpasses $100 million in sales for the first time.

1958 Texas Instruments’ Jack Kilby demonstrates first integrated circuit (IC).

1964 The semiconductor industry surpasses $1 billion in sales for the first time.

1979 The semiconductor 1984 industry surpasses Chip Protection Act becomes law, $10 billion creating the first new form in sales of intellectual property (SCPA) And so as the illegal copying 1985 U.S. and Japanese governments agree to eliminate tariffs on semiconductors. SIA files petition with U.S. government, citing unfair Japanese market barriers.

1985 JAPAN Act Concerning the Circuit Layout of a Semiconductor Integrated circuit (Law No. 43)

1986 U.S. and Japan sign agreement to end dumping practices yet nine of eleven U.S. chip manufacturers leave market; Japan overtakes U.S. as the world’s leading semiconductor producer.

EU takes an action (Council Directive on legal protection of Topographies of SC products (87/54/EEC) WIPO Awakens: Washington Treaty, 1989 The Ultimate – TRIPS, 1994

PATENT/COPYRIGHT INVENTIVE STEP

UTILTARIAN

SCPA, 1984  “Semiconductor Chip Product” is the final or intermediate form of any product –  (A) having two or more layers of metallic, insulating, or semiconductor material,  deposited or otherwise placed on, or etched away or otherwise removed from, a  piece of semiconductor material in accordance with a predetermined pattern; and  (B) intended to perform electronic circuitry functions;

“Mask Work” is a series of related images, however fixed or encoded –

(A)having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and

(B) in which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product;

       

Protection to mask work on semiconductor material Original = Independent Creation Not Known to industry Protection for 10 yrs from date of registration or first commercial exploitation, whichever is earlier Commercial Exploitation = Sale, Distribution or Offer for Sale of mask works in writing Notify registration as “M” National Treatment Reciprocity provisions

 Not overriding Berne or Paris  Reverse Engineering for analyzing, evaluating, teaching allowed  Independent creation permissible but proper “paper trail” required  Innocent Infringer and purchaser of innocent infringer – not infringement till notice of registration; Royalty has to be paid  Doctrine of first sale – rights transfer to transferee

EU – 87/54/EEC ‘Semiconductor Product’ shall mean the final or an intermediate form of any product consisting of a body of material which includes a layer of semi conducting material having one or more other layers composed of conducting, insulating or semi conducting material ‘Topography’ … representing the three-dimensional pattern of the layers of which a semiconductor product is composed…

 Protection to topographies on Semiconductor product  Protection from the date of registration or first commercial exploitation anywhere or from first encoding  Commercial exploitation means the sale, rental, leasing or any other method of commercial, distribution, or an offer for these purposes.

Washington Treaty/IPIC, 1989 “Integrated Circuit” means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function… “Layout-design (topography)” means the three dimensional disposition…prepared for an integrated circuit intended for manufacture…

 Originality  Reproduction by third party allowed on independent creation, observance and evaluation for analysis, research and teaching  Innocent infringement not lawful  Doctrine of Exhaustion  Not overriding Paris or Berne  Term = 8 yrs

POSITION IN UK, Design right (Semiconductor Topographies) Regulations,1989 “Semiconductor Product“ means an article the purpose of which is the performance of an electronic function and which consists of two or more layers, at least one of which is composed of semi conducting material …

“Semiconductor Topography“ means a (a) the pattern fixed, or intended to be fixed, in or upon— (i) a layer of a semiconductor product, or (ii) a layer of material in the course of and for the purpose of the manufacture of a semiconductor product, or (b) the arrangement of the patterns fixed, or intended to be fixed, in or upon the layers of a semiconductor product in relation to one another.

 Protection to Semiconductor Topographies  Exclusive Right of reproduction to owner, but others may reproduce for teaching, analytical and research purposes or for non commercial aims  Ten years from the end of the calendar year of the first sale or hire anywhere in the world by or with the licence of the design right owner, or  If neither the topography nor articles made available within a period of fifteen years of first recording or first production, then at the end of that period”.

TRIPS, 1994 Article 35 – 38 Protection to Integrated Circuit layout 10 yrs If copied chip was itself unlawfully copied, no infringement  Innocent infringer shall pay royalty to the owner    

POSITION IN INDIA  Section 7 of the Act provides that the layout design can be registered if it is:  Original; and  Not commercially exploited anywhere in India or in a Convention Country; and  Inherently distinctive; and  Inherently capable of being distinguishable from any other registered lay out design.

 Original: The layout

design

is

treated

as

original

if,

 it results out of creator's own intellectual efforts; and  is not commonly known to the creators of layout design and manufactures of semiconductor integrated circuits at the time of creation. Layout designs are treated as original even if a layout design consists of combination of elements and interconnections commonly known to creators of layout-design, provided such a combination as a whole is result of creator's own intellectual efforts.

 Commercial Exploitation: Layout design is treated not to be commercially exploited if it has been so exploited within two years of filing the application for registration.  Term : 10 yrs from the date of filing or first commercial exploitation  Exclusive right to use and prevent infringement

 Infringement = Not Original, Commercially exploiting already registered SC or Layout of other owner  Non-Infringement = Reverse Engineering, Independent creation, Exhaustion of rights, Innocent infringer  Penalty = Imprisonment up to 3 yrs or Fine up to Rs. 10 Lakh.

Thank You