Instructions on procedures for registration  of semiconductor integrated circuit layout designs

Registration of semiconductor integrated circuit layout design is a process to protect intellectual property rights for integrated circuit designs. Understanding the registration process helps shorten time and achieve high efficiency. The following article will provide information about the conditions and procedures for successfully registering semiconductor integrated circuit layout designs in Vietnam.

Conditions for protection of semiconductor integrated circuit layout designs

Semiconductor integrated circuit layout designs are protected when they meet the following conditions:

• Originality: The design must be created by the author using his or her own creative efforts and not be widely known at the time by layout design creators and semiconductor integrated circuit manufacturers create that layout design
• Commercial Novelty: The design has not been commercially exploited anywhere in the world before the date of application.

To be protected, the author or owner needs to register the layout design with the National Office of Intellectual Property. The registration process includes preparing documents, submitting applications and monitoring the appraisal process by competent authorities.

Reference content: Article 68, Law on Intellectual Property 2005, amended and supplemented 2009 and 2022

Procedures for registration of semiconductor integrated circuit layout designs

Profile components

The application for registration of semiconductor integrated circuit layout design includes the following documents:

• Registration declaration: Declaration form according to regulations of the National Office of Intellectual Property, providing information about the author, owner and layout design, according to Form No. 06 in Appendix I of Decree No. 65/2023/ ND-CP.
• Set of photos or layout design drawings (04 sets): Shows the three-dimensional structure of elements and connections in an integrated circuit.
• Integrated circuit models (04 models): If the design has been commercially exploited.
• Integrated Circuit Description: A detailed explanation of the structure and function of the design.
• Power of attorney: If applying through an industrial property representative.
• Proof of payment of fees and charges: Copy of proof of payment of fees according to regulations.

Reference content: Article 108, Law on Intellectual Property 2005, amended and supplemented in 2009 and 2022.

Execution order

The process of registering a semiconductor integrated circuit layout design includes the following steps:

Step 1: Submit application

Documents can be submitted directly or sent by post to the Department of Intellectual Property or representative offices in the city. Ho Chi Minh and Da Nang.

Or submit online through the Administrative Procedures Processing System of the Ministry of Science and Technology

Step 2: Formality appraisal: The National Office of Intellectual Property checks the completeness and validity of the application within 01 month from the date of application.

Step 3: Notification of formality appraisal results: The National Office of Intellectual Property sends a notice of acceptance of a valid application or rejection of an invalid application to the applicant.

• In case the application is valid, the National Office of Intellectual Property shall send the applicant a notice of intention to issue a Certificate of layout design registration and set a period of 03 months from the date of notification for the applicant to pay the fee. , fees according to regulations.
• In case the application is invalid, the National Office of Intellectual Property shall send the applicant a notice of the results of the formality examination, indicating shortcomings and the intention to refuse to accept the application according to regulations.
• In case the applicant proactively requests to amend or supplement the application or respond to a notice from the National Office of Intellectual Property, the formality examination time limit is extended by 10 days.

Step 4: Publication of application: A valid application is published in the Industrial Property Official Gazette within 02 months from the date of acceptance of the application.

Step 5: Make a decision to grant/refuse to grant a Certificate: Within 03 months from the date of publication of the application, the National Office of Intellectual Property shall issue a decision to grant or refuse to grant a Certificate of layout design registration.

Competent authority to resolve

The Department of Intellectual Property under the Ministry of Science and Technology is the only agency authorized to receive, appraise and issue the Certificate of registration of semiconductor integrated circuit layout designs in Vietnam. The Department has its headquarters in Hanoi and two representative offices in the city. Ho Chi Minh and Da Nang.

Resolution deadline

The time limit for processing registration dossiers for semiconductor integrated circuit layout designs is specified as follows:

• Formal appraisal: 01 month from the date of application submission
• Application announcement: 02 months from the date of acceptance of valid application
• Issuance of Certificate: 03 months from the date of publication of the application

The total time from submitting the application to receiving the Certificate (if the application meets the conditions) is about 6 months. However, the actual time may be longer if there is a request to amend or supplement documents. Applicants need to pay attention to ensure their rights during the registration process.

Is there a fee for registering a semiconductor integrated circuit layout design?

Registration of semiconductor integrated circuit layout design in Vietnam incurs fees and charges according to State regulations. Specifically:

• Application fee: 150,000 VND/application (in case organizations and individuals apply online, from January 1, 2024 to December 31, 2025, the application fee will apply: 75,000 VND/order).
• Application publication fee: 120,000 VND.
• Application appraisal fee: 180,000 VND.
• Fee for issuance of Certificate of layout design registration: 120,000 VND.
• Registration fee for Decision to grant Certificate of Protection: 120,000 VND.
• The fee for announcing the Decision to grant a Certificate of Protection: 120,000 VND.

Consulting services and support for registration of semiconductor integrated circuit design and layout at Long Phan

With a team of experienced experts in the field of intellectual property and industrial property consulting, Long Phan provides customers with in-depth and effective consulting and support services, ensuring their legal rights. Registration of semiconductor integrated circuit layout design.

The services we provide include:

• Preliminary consultation: Assess the protection ability of the layout design, determine registration conditions and predict the possibility of success. Experts will analyze originality and commercial novelty.
• Document preparation: Support in drafting registration declaration, integrated circuit description and related documents in accordance with regulations of the National Office of Intellectual Property. Ensure records are complete, accurate and meet legal requirements.
• Applicant representative: Carry out procedures to submit documents directly or by post to the Intellectual Property Office. Monitor the application processing process and update information for customers.
• Explanation and supplementation: Analyze the requirements of the appraisal agency, draft explanation documents and supplement documents when necessary. Ensure documents always meet requirements during the appraisal process.

For customers who want to register for semiconductor integrated circuit layout design or find out more information, please contact Long Phan via Hotline: 0906735386. Long Phan accompanies you throughout the entire process, from the step of assessing protection ability to receiving the Certificate of layout design registration and supporting issues that arise after registration.