Frequently Asked Questions

• What is an integrated circuit topography?
• Why obtain integrated circuit topography (ICT) protection?
• Is registration mandatory?
• Who can register an integrated circuit topography?
• How long is registration effective?
• How do I obtain integrated circuit topography protection?
• Why hire an agent?
• Does registration in Canada protect my rights in other countries?
• What are the requirements and steps for obtaining an integrated circuit topography registration?
• Will the Patent Office ensure that my topography is not infringed?

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What is an integrated circuit topography?

Integrated circuit topography refers to the three-dimensional configuration of the electronic circuits used in microchips and semiconductor chips. Registration offers you exclusive rights for 10 years on your original circuit design. Protection can extend to the layout design as well as to the finished product.

To register, you must apply within two years of commercial use of the design. Your application must include a copy of the circuit layout and design.

The Integrated Circuit Topography Act came into force on May 1, 1993.

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Why obtain integrated circuit topography protection?

If you are a manufacturer or creator of integrated circuits, ICT protection will give you exclusive rights over the copying of the topography and the commercialization of circuits that contain the topography. This form of protection complements any patent protection you may obtain for the circuit itself.

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Is registration mandatory?

In order to protect integrated circuit topography, you must apply for and receive a registration. Registration is automatic without extensive examination. Since integrated circuit topography laws are national, you must file in each country where you want protection.

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Who can register an integrated circuit topography?

The creator of a topography or the successor in title can obtain protection. Typically, the owner is the creator. If a creator sells his or her rights, then a second party will own the topography and will be able to obtain integrated circuit topography protection. If the creator designs the circuit as part of an employment contract, the employer may own the topography and have the right to the protection.

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How long is registration effective?

Integrated circuit topography protection lasts to the end of the tenth year (December 31):

• From the date of filing of the application; or
• From the date of first commercial exploitation of the topography, whichever is earlier.

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How do I obtain integrated circuit topography protection?

You can obtain protection in Canada by submitting an application with the $200 filing fee to:

The Registrar of Integrated Circuit Topographies
The Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street
Gatineau, Quebec K1A 0C9

The Guide to Integrated Circuit Topographies (PDF) gives additional information on the requirements for filing.

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Why hire an agent?

Integrated circuit topography applications are relatively simple to prepare. If you are unsure of what rights you can obtain or precisely what information you must include in your application, an agent can help.

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Does registration in Canada protect my rights in other countries?

No. Integrated circuit topography laws are national so you must file in each country where you want protection.

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What are the requirements and steps for obtaining an integrated circuit topography registration?

To get an integrated circuit topography registration, you must submit an application form with copies of the overlay sheets and a description of the function or nature of the circuit. You must also submit the $200 filing fee. Substantive examination is not carried out, and the Office will refuse the application if it was commercially exploited more than two years before the filing date, or if the applicant does not meet the eligibility requirements. The application is then registered and a registration certificate is sent to the applicant.

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Will the Office of the Registrar of Topographies ensure that my topography is not infringed?

No. Enforcement of rights is the responsibility of the patentee. Your rights can be enforced through the judicial system.