I.C. Protection

6. When to Register an Integrated Circuit Topography

An original integrated circuit topography may be protected by registration under the Integrated Circuit Topography Act in Canada provided an application for registration, accompanied by the requisite fee, is filed before the topography is first commercially exploited or within two years thereafter. Topographies which have been commercially exploited in any country for more than two years prior to the filing of a Canadian application for registration may not be protected under Canadian law, as the topography is then said to be novelty barred. Therefore, it is crucial that you file a Canadian Integrated Circuit Topography Application before the expiry of two years from the first commercial exploitation, anywhere, of your topography. As long as your topography has not yet been commercially exploited, there is no time limit for filing an application to register same.