I.C. Protection
7. Obtaining Registration of a Topography
In order to obtain a registration for an integrated circuit topography, it is necessary to prepare and file an application, together with the government filing fee. An application for an integrated circuit topography typically consists of the following: a title to identify the topography; a statement as to the date on which, and place at which, the topography was first commercially exploited or, if the topography has not been commercially exploited, a statement to that effect; the name and address of the applicant; a statement describing the interest that the applicant holds in the topography; and a complete sets of overlay sheets, drawings or photographs illustrating the topography.
Where a topography that consists of more than two layers contains confidential information, portions of the overlay sheets filed with the application may be blocked out (provided that the blocked-out portion on any particular sheet does not exceed 50 per cent of the total area covered by the sheet, and provided that no more than 50 per cent of the overlay sheets contain blocked out portions). The quid pro quo for allowing for the filing of blocked-out overlay sheets is that topography design data must be provided in printed form for those areas blocked out. Even then, it is possible to for an applicant to block out 50 per cent of the design data filed, but in this event, if the topographies has been commercially exploited, four or more integrated circuit products incorporating the topography must be deposited.
When a complete integrated circuit topography application is filed with the Registrar of Topographies, no examination of the topography will take place to determine originality or compliance with the requirements of the Act. The Registrar will, however, reject the application if the creator does not meet the nationality requirements, or if the application is filed more than two years after the date of first commercial exploitation of the topography.