Mask Work in USA

May 10, 2011
Intellectual Property News and Interesting Facts

Mask work is protected in the USA by the Semiconductor Chip Protection Act, known in short as SCPA. Mask works are a range of images which can be fixed or encoded and which are related to represent predetermined patterns whether of insulating, metallic or semi-conductor material.

Mask work furthermore, is that which is a relation between the images causing a pattern where each of the images has a pattern.

One can register a Mask Work under the SCPA at the USA Copyright Office. In essence three dimensional images are protected when those images or patterns are fixed in a type of semi-conducting product. The chip design may not be dictated by the electronic functioning of the particular chip alone.

One should note that a Mask Work cannot be awarded to an idea or process in forming the semi-conductor chip. The requirements for a Mask Work are that of originality, and meeting the definition of what a Mask Work is. Patents give broader protection than Mask Works. With the latter competitors may use reverse engineering techniques to teach or to evaluate the concept protected.

Parts that may be reverse engineered include that of the logical flow of the components and circuit design. The results of such an act can then be used in another original Mask Work for the purpose of commercial gain.

To be valid as a Mask Work such must be registered within a period of 24 months from the first commercial usage and the date from which registration is calculated is determined by the payment of the application fee and the completion of the application. A deposit representing the specific work must be made at the US Copyright Office. It is valid for ten years from first commercial usage.

Contact us at Smit & Van Wyk Attorneys for assistance in registering a Mask Work.