top of page
  • White Twitter Icon
Search

Mask Works and the Semiconductor Chip Protection Act of 1984




Background and Purpose

The Semiconductor Chip Protection Act (SCPA) of 1984 gave American semiconductor innovators tools to protect the layout or topography of an integrated circuit (IC). Prior to this act, IC layouts were largely unprotected by patents or copyrights and vulnerable to unauthorized copying. [1]. The layout is called a mask because each layer of the IC is constructed around a photolithographic mask that dictates the location of components on a semiconductor wafer. Mask work also refers to the collection of masks used to fabricate each layer of the IC. Because the SCPA protects the mask works themselves as well as semiconductor chips in which the mask works are imprinted, the SCPA includes features of both copyright and patent law.


Definition of Mask Works

A mask work is defined as a series of related images that:

  1. Represent the predetermined three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from layers of a semiconductor chip product.

  2. Have a relation where each image represents the pattern of one form (or layer) of the semiconductor chip product.

17 U.S.C. § 901 (2)


Protection Criteria

To be eligible for protection under the SCPA, a mask work must:

  1. Be original, meaning it is the independent creation of an author who did not copy it.

  2. Not consist solely of designs that are staple, commonplace, or familiar in the semiconductor industry.

  3. Be fixed in a semiconductor chip product.

  4. Meet eligibility requirements based on nationality or commercial exploitation.

  5. Be registered with the U.S. Copyright Office.

17 U.S.C. § 902


Scope of Protection

  • The SCPA protects the three-dimensional topography of the chip.

  • Protection does not extend to ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries associated with the mask work.

17 U.S.C. § 902


Limitation on Exclusive Right

  • A person may reverse engineer and reproduce the mask work when teaching, analyzing, or evaluating the concepts or techniques embodied in the mask work. 17 U.S.C. § 906.

  • An innocent purchaser of an infringing semiconductor chip product won't be liable for importing or distributing infringing products before they are given notice. 17 U.S.C. § 907.


Duration of Protection

Mask works are protected for 10 years from the date of registration or first commercial exploitation, whichever occurs earlier.

17 U.S.C. § 904


International Aspects

  • The United States was the first nation to enact specific legislation protecting semiconductor chip layouts. [2] This legislation has had international implications, with Japan and European Community countries following suit with similar laws.Japan and European Community countries followed with similar laws.

  • The SCPA includes provisions for extending protection to foreign nationals based on whether or not the foreign nation is pursuing reciprocal semiconductor protections. 17 U.S.C. § 914.


Distinction from Copyright and Patent

Mask work protection is a unique form of intellectual property, distinct from copyright and patent protection. [3]. It was created specifically to address the semiconductor industry's needs while fostering innovation. [1].


Registration and Notice

  • Mask works must be registered within two years of commercial use. 17 U.S.C. § 908.

  • A proper notice for a mask work should include the word "Mask Work" or the symbol M. 17 U.S.C. § 909.

  • Mask works are relatively inexpensive to register. [4].


Conclusion

There were 279 mask works registered in 2013 compared to 16 registered in 2023. [5]. Despite this steady decline in popularity, mask works remain a low-investment option that covers both the photomask and the related IC.


At Bright-Line IP, we provide innovators with insight on how to reach their IP goals. Contact Bright-Line IP to develop an IP strategy that minimizes risk and maximizes your return on investment.



Sources

  1. H.R. Rep. No. 98-781 (1984). (Referring to The House Report on the Semiconductor Chip Protection Act of 1984.). https://www.ipmall.info/sites/default/files/hosted_resources/lipa/copyrights/The%20House%20Report%20on%20the%20Semiconductor%20Chip%20Protection%20Act.pdf

  2. Robert W. Kastenmeier & Michael J. Remington, The Semiconductor Chip Protection Act of 1984: The International Comity of Industrial Property Rights, 13 AIPLA Q.J. 229 (1985). https://lawcat.berkeley.edu/record/1112551?v=pdf 

  3. U.S. Copyright Office, Compendium of U.S. Copyright Office Practices § 1200 (3d ed. 2021). https://www.copyright.gov/comp3/chap1200/ch1200-mask-works.pdf  

  4. Copyright Office’s Fee Schedule, U.S. Copyright Office,https://www.copyright.gov/about/fees.html. (2/20/2025).

  5. Copyright Office’s Annual Report, U.S. Copyright Office,www.copyright.gov/history/annual_reports.html. (2/20/2025). 

 
 
 

Comments

bottom of page