Topographies of Semiconductor Products

– Federal Act on the Protection of Topographies of Semiconductor Products of October 9, 1992, in force since July 1, 1993; last amendments in force since July 1, 2023.
– Ordinance on the Protection of Topographies of Semiconductor Products of April 26, 1993, in force since July 1, 1993; last amendments in force since January 1, 2022.

Conditions of Protection

Definition of a topography: three-dimensional structures of semiconductor products which are not trite. 

Applicants: physical or legal persons who have created the topography. 

Foreigners: have the same rights as nationals based on reciprocity; must appoint a local representative.

Novelty: a semiconductor composed of known compounds is protected if the way they are selected or disposed is novel.

Filing requirements for an application (to be sent to resident agent):
1. Application in German, French or Italian, containing the name, address and nationality of the applicant, the date of first use in commerce, name of the representative, a short designation of the topography, a list of the documents describing the topography;
2. Documents describing the topography: drawings or photographic reproduction, on A4 paper, of the layout utilized for the manufacture of the topography, or masks used for its production of the different layers.

Note: in addition, it is possible to file data containing the information in digits.

Examination, Protection

Examination procedure: applications are examined only as to compliance with the formal requirements (complete information and payment of the prescribed filing fee). If the examination does not reveal defects, the application is registered. A registration certificate is issued and the topography published.

Duration of protection: ten years counted from the filing date, or ten years counted from the first commercial use if this date is prior to the filing date, or two years after the first commercial use if the topography is not registered. The term of protection begins on December 31st of the year of application or commercial use.

Assignments and licenses: are registered.

Appeals against a decision of the Federal Institute of Intellectual Property can be filed before the Recourse Commission in the field of intellectual property.