Space 7: Citizenship or Domicile of Owner at Time of First
Commercial Exploitation Eligibility for protection may depend
on the nationality or domicile of the owner of a commercially ex-
ploited mask work at the time of first commercial exploitation. Complete
this space if the mask work that is the subject of this application was com-
mercially exploited, and if the nationality or domicile of the owner at the time
of first commercial exploitation is different from that given in space 4.
Space 8: Nature of Contribution Mask works generally contain
preexisting material that is common in the semiconductor indus-
try. Such material is not protectable. However, if staple designs are
combined in a way that is original, the new authorship may be protected.
Further, portions of a work that may have been previously commercially
exploited or previously registered for protection may not be included in the
claim.
Give a brief general statement that describes the new protectable contribu-
tion that is the basis of this claim. This statement may, if appropriate, refer
to any previous mask work upon which the mask work being registered is
based, as an aid in distinguishing the new contribution from the preexisting
material. Note: Protection does not extend to the functions of the semicon-
ductor chip product.
Spaces 9–12: Correspondence In space
9, give the name, address, email, and
daytime telephone number of the con-
tact person if further information about
this claim is needed.
Deposit Account. Complete space 10 if an existing deposit account is to be
charged for the filing fee.
Certification. A person authorized to certify the facts asserted in this applica-
tion, must sign the application.
Address for Return of Certificate. The name and address must be completed
legibly. The certificate will be mailed in a window envelope.
SPACE BY SPACE INSTRUCTIONS
Space 1: Title Every work submitted for registration must be
given a title for purposes of cataloging and identification. This
title may include the name of the semiconductor chip product in
which the mask work is embodied, e.g., “ASTRA 2014,” “Memory
Cell 5522,” or “Register X22.”
Space 2: Nature of Deposit Give a short description of the object(s)
deposited as identifying material, e.g., “chips plus seven of nine
acetate layers,” “acetate color overlay sheets,” or “composite plot.”
Spaces 3–5: Information About Current
Owner(s) The owner of a mask work is (1) the
person who created the mask work; (2) the legal
representative of that person if that person is de-
ceased or under a legal incapacity; (3) the employer for whom a person cre-
ated the mask work within the scope of his or her employment; or (4) the
party to whom all the rights of such a person, employer, or representative are
transferred. Give the name(s) and address(es) of the current owner(s) of the
mask work that is the subject matter of this application. Use a continuation
sheet if additional space is needed.
Give the citizenship or domicile of the current owner in space 4.
If the current owner is not the person who created the mask work that is
the subject matter of this application, check the appropriate box in space 5
to explain how the owner acquired the right to claim protection in this mask
work. Note: If the current owner is a company or organization, one of the
boxes must be checked.
Space 6: Date and Nation of First Commercial Exploitation To
“commercially exploit” a mask work is to distribute to the public for
commercial purposes a semiconductor chip product embodying
the mask work. The offering to sell or transfer a semiconductor
chip product is a commercial exploitation only when the offer is in writing
and occurs after the fixation of a mask work in a semiconductor chip product.
If this mask work has been commercially exploited anywhere in the world, give
the exact date (month, day, and year) and the nation of first commercial exploita-
tion. If the work has not yet been commercially exploited, leave this space blank.
Notice: The owner of a protected mask work may affix a notice of ownership
to the mask work, mask, and semiconductor chip product embodying the
mask work in a manner and location that gives reasonable notice of the claim
to protection. The notices consists of (1) the words mask work, the symbol
*M*, or the symbol μ and (2) the name of the owner(s) of the rights in the
mask work or an abbreviation by which the name is recognized or generally
known. Affixation of such a notice is optional and not a condition of protec-
tion but provides certain benefits.
Further Information
Library of Congress
Copyright Office–COPUBS
Publications Section
101 Independence Avenue, SE
Washington, DC 20559
Tel: (202) 707-3000 or 1-877-476-0778 (toll free)
Web: www.copyright.gov
Use this form to register a claim for protection in a mask work that is fixed
in a semiconductor chip product by or under authority of the owner of the
mask work. A mask work is a series of related images, however fixed or en-
coded (1) that have or represent the predetermined three-dimensional pattern
of metallic, insulating, or semiconductor material present or removed from
the layers of a semiconductor chip product; and (2) in which series the rela-
tion of the images to one another is that each image has the pattern of the
surface of one form of the semiconductor chip product.
To be protected, a mask work must be original. The mask work cannot
consist solely of designs that are staple, commonplace, or familiar in the
semiconductor industry, or variations of such designs, combined in a way
that, considered as a whole, are not original (17 U.S.C. §902 (b)). Protection
for a mask work does not extend to any idea, procedure, process, system,
method of operation, concept, principle, or discovery associated with a mask
work, regardless of the form in which it is described, explained, illustrated, or
embodied in a mask work (17 U.S.C. §902 (c)).
Note: Protection for mask works is not copyright protection. The legal
requirements for mask work protection differ from those for copyright pro-
tection in terms of eligibility for protection, ownership rights, registration
procedures, term of protection, and remedies for rights violations.
Term of Protection: Protection for a mask work begins on the date the mask
work is registered with the Copyright Office or the date the mask work is first
commercially exploited anywhere in the world, whichever occurs first. Protec-
tion lasts for 10 years (terminating at the end of the 10th calendar year after
it began). To secure protection of mask works for the entire 10-year term,
owners must register their works with the Copyright Office within two years
of the date on which the mask work is first commercially exploited. Otherwise,
protection will be lost.
Deposit: The deposit consists of identifying material as specified by Copyright
Office regulations (37 C.F.R. §211). For more information, see www.copyright.
gov/title37/211 or www.copyright.gov/circs/circ100.pdf.
1
2
3, 4, 5
6
4
Form MW
8
7
9,
10,
11,
12
PRIVACY ACT ADVISORY STATEMENT, Required by the Privacy Act of 1974 (P.L.
93-579): The authority for requesting this information is title 17 U.S.C. §908, which
provides for mandatory registration of claims to mask work protection. Furnishing of
the information is voluntary, but if the information is not furnished, it is probable that
registration will be refused. Unless a judicial appeal should result in an order compelling
registration, any inchoate rights in the mask work would be forfeited at the expiration
of two years from rst commercial exploitation.
The principal uses of the requested information are the examination of the application
for registration to determine compliance with legal requirements and the establishment
and maintenance of a public record of claims of protection.
Other routine uses include public inspection and copying, preparation of public
indexes, preparation of public catalogs of mask work registrations, and preparation of
search reports upon request.
NOTE: No other advisory statement will be given in connection with this applica-
tion. Please keep this statement and refer to it if we communicate with you regarding
this application.
