FAQ

1. What documents are required for applicants for registration of layout-designs of integrated circuits?

(1)Required documents:

1)1 copy of registration request form for registration of a layout-design of integrated circuits (can be downloaded from www.cnipa.gov.cn)

2)1 copy of drawing

3)1 copy of catalogue of drawing

(2)Possibly required documents:

1)If the layout-design of integrated circuits has been put into commercial use prior to the filing date, four samples shall be provided at filing.

2)If the applicant has appointed an agency, it shall submit a power of attorney for the registration of a layout-design of integrated circuits.

(3)In addition, an applicant may submit:

1)A CD that includes the e-copy of the layout-design of the integrated circuits.

2)Brief explanation of the layout-design of the integrated circuits.

2. What is the legal basis for requesting for reexamination of the rejected applications of integrated circuit layout design?

Article 19 of the Regulations on Protection of Integrated Circuit Layout Design; Rules 23, 24, 25, 26, 27 of the Implementing Regulations of the Regulations on Protection of Integrated Circuit Layout Design.

3. What are the requirements for requesting a reexamination of a rejected integrated circuit layout design?

Applications for a request for reexamination shall meet the following requirements:

If the applicant for the registration of layout design refuses to accept the rejection of his application by the administrative departments of intellectual property of the State Council, he may ask the administrative departments for reexamination in 3 months since the day on which he receives the notification.

4. What are the types of Examination Decisions on Requests for Reexamination of integrated circuit layout design?

There are three types of examination decisions on requests for reexamination:

(1) a request for reexamination is not allowed, and the decision of rejection is upheld.

(2) a request for reexamination is allowed, and the decision of rejection is revoked.

(3) Where an application document of integrated circuit layout design has been amended and the defects indicated in the decision of rejection has been overcome, the decision of rejection is revoked on the basis of the amended text .

5. What is the legal basis for revocation of the exclusive rights of integrated circuit layout design?

Article 20 of the Regulations on Protection of Integrated Circuit Layout Design; Rules 23, 24, 29 and 30 of the Implementing Regulations on Protection of Integrated Circuit Layout Design.

6. What are the requirements for revocation of the exclusive rights of integrated circuit layout design?

After the registration and announcement of an integrated circuit layout design, if the patent administrative department of the State Council finds that the exclusive rights of the registration is  not in accordance with Article 2 (1), (2), Articles 3, 4, 5, 12 or 17 of the Regulations on Protection of Integrated Circuit Layout Design, the Reexamination and Invalidation Department of the Patent Office of the China National Intellectual Property Administration shall cancel the exclusive rights of the layout design.