Can the exclusive right to layout design of integrated circuits be revoked?

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Can the exclusive right to layout design of integrated circuits be revoked

Exclusive rights to integrated circuit layout design can Make an undo.

1. Layout design approved for registration

After the layout design was approved for registration, the Intellectual Property Administration Department of the State Council discovered If the registration does not comply with the provisions of these Regulations, it shall be revoked, the owner of the right to the layout design shall be notified, and an announcement shall be made. If the right holder of a layout design is dissatisfied with the decision of the intellectual property administrative department of the State Council to cancel the registration of the layout design, he may file a lawsuit with the People's Court within a prescribed period starting from the date of receipt of the notice.

2. Cancellation Procedure

1. After the layout design registration announcement, it was discovered that the registered layout design specialist The right not to comply with Article 2 (1), (2), Article 3, Article 4, Article 5, Article 12 of the Regulations on the Protection of Integrated Circuit Layout Designs orAs stipulated in Article 10t, the exclusive right to layout design shall be revoked by the Patent Reexamination Board.

2. Revocation of the exclusive right to layout design , the layout-design right holder shall first be notified and required to state his opinions within a specified period. Failure to respond within the time limit shall not affect the decision of the Patent Reexamination Board to revoke the exclusive right to layout-design.

3. The Patent Reexamination Board revoked the layout design patent The authorized decision shall state the reasons on which it is based and notify the layout design right holder.

3. Revocation of decision Announcement

1. The announcement of the revocation of the Patent Reexamination Board If the decision on the exclusive right to layout design is not filed with the People's Court within the prescribed time limit, or after the People's Court upholds the decision of the Patent Reexamination Board to revoke the exclusive right to layout design, the State Intellectual Property Office shall revoke the exclusive right to layout design. The decision on the right will be announced on the State Intellectual Property Office’s Internet website and the China Intellectual Property Newspaper.

2. The revoked layout design proprietary rights The right is regarded as non-existent from the beginning.

4. Integrated circuit layoutDesign

Integrated circuits refer to semiconductor integrated circuits, that is, Semiconductor material is a substrate, and two or more components, at least one of which is an active component, and some or all of the interconnection lines are integrated into or on the substrate to perform an intermediate product or final product that performs certain electronic functions. . It is the core of microelectronics technology and the foundation of electronic information technology. Widely used in computers, communication equipment, household appliances and other electronic products. It has integration, integrity and process strictness.

Integrated circuit layout design is essentially a Graphic design, but it is not an industrial design and cannot be protected by patent law. Because, from the perspective of the protection objects of the patent law, new technical solutions proposed for products, methods or improvements thereof require creativity, novelty and practicality. This is often difficult to achieve for integrated circuit layout design. From the patent acquisition process, the time for patent application approval is too long and the cost is high, which is not conducive to the promotion and application of technology.

The above are the answers to these questions. I hope they will be helpful to you. Everyone is helpful. If you need help in this regard, the Legal Savior Network provides online lawyer consultation services and you are welcome to make legal consultations.