1208.3 Ownership by the U.S. Government and Its Employees
Federal protection does not extend to any mask work created by U.S. government employees as part of their official duties. The U.S. government, however, is not precluded from receiving and holding rights in a mask work. 17 U.S.C. § 903(d).
1209 Notice
The owner of a protectable mask work may affix a notice of ownership to mask works in a manner and location that gives reasonable notice of the claim to protection. 17 U.S.C. § 909.
Notice is not a condition for protection of a mask work, but when properly affixed to a work, will provide prima facie evidence of notice of protection. 17 U.S.C. § 909(a).
1209.1 Content of Notice
To serve as prima facie evidence of notice of protection, the form of the notice shall consist of:
• The words "mask work," the symbol *M*, or © (the letter M in a circle); and
• 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.
17 U.S.C. § 909(b).
1209.2 Location of Notice
The following specific methods of affixation and positions of the notice are acceptable:
• A gummed or other label securely affixed or imprinted upon the package or other container used as a permanent receptacle for the semiconductor chip product; or
• A notice imprinted or otherwise affixed in or on the top or other visible layer of the product.
37 C.F.R.§ 211.6.
1210 Registration Procedures
Generally, only one registration of a claim is permitted for the same version of a mask work fixed in either (i) an intermediate form of any semiconductor chip product, or (ii) a final form of any semiconductor chip product. 37 C.F.R. § 211.4(c)(1). Notwithstanding that general rule, owners of mask works that are created by adding metal-connection layers to unpersonalized gate arrays may separately register the entire unpersonalized gate array as well as any custom metallization layers. 37 C.F.R. § 211.4(c)(2).
Chapter 1200 : 10
12/22/2014
