What is the procedure for revoking the exclusive right to layout design of integrated circuits?
According to my country's "Integrated Circuit Layout According to the relevant provisions of the Design Protection Regulations and its implementation rules, as with the reexamination and reexamination of registration applications, the revocation authority for the exclusive right to layout designs of integrated circuits is also the Patent Reexamination Committee of the State Intellectual Property Office (hereinafter referred to as the Patent Reexamination Committee).
Cancellation procedure
After the layout design registration announcement, if the layout design has been registered If the design has any of the following circumstances, the Patent Reexamination Board will revoke the exclusive right to the layout design:
(1) Integrated circuits and integrated circuit layout designs that do not fall within the "Regulations on the Protection of Integrated Circuit Layout Designs" (hereinafter referred to as the Regulations).
The regulations stipulate that the so-called integrated circuits refer to semiconductors integrated circuit, that is, an intermediate product that uses a semiconductor material as a substrate and integrates two or more components, at least one of which is an active component, and some or all of the interconnection lines into or on the substrate to perform certain electronic functions. Or the final product.
The integrated circuit layout design refers to the integrated circuit At least one of them is a three-dimensional configuration of two or more components of active components and part or all of the interconnection lines, or the above-mentioned three-dimensional configuration prepared for manufacturing integrated circuits.
(2) The layout design involved does not enjoy exclusive rights Right.
According to the regulations, the following layout designs can enjoy Exclusive rights:
1. Chinese natural person, legal person or Layout designs created by other organizations;
2. Foreign countries The layout design created by a person is first put into commercial use in China;
3. For layout designs created by foreigners, the country where the creator belongs has signed a relevant agreement on the protection of layout designs with China or jointly participated in an international treaty on the protection of layout designs with China.
(3) The layout design involved lacks originality.
span>The originality of a layout design means that the layout design is The result of the creator's own intellectual work, and the layout-design is not a generally recognized conventional design among layout-design creators and integrated circuit manufacturers at the time of its creation. Among them, a protected layout-design consisting of a conventional design, The combination as a whole should also meet the conditions specified above.
(4) The layout design involved is actually ideas, processing procedures, operating methods or mathematical concepts.
(5) The layout design involved, regardless of whether it is registered or put into commercial use, has been 15 years from the date of completion of creation.
(6) The layout design involved has not been used commercially for the first time anywhere in the world within 2 years. Submit a registration application to the Intellectual Property Administration Department of the State Council.
If the exclusive right to a layout-design is revoked, the Patent Reexamination Board shall first notify the layout-design right holder. The layout-design right holder may state his opinions within a specified period; failure to respond within the time limit shall not affect the Patent Reexamination Board's decision to revoke the layout-design. Determination of exclusive rights to graphic design.
The decision of the Patent Reexamination Board to revoke the exclusive right to a layout design shall state the reasons on which it is based, and Notify the layout-design rights holder.
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