the date has been confirmed. If first commercial exploitation has occurred, but on a different date, the specialist will correct the date and annotate the application accordingly. If the mask work has not yet been commercially exploited, the specialist will delete the date and nation of first commercial exploitation and annotate the application accordingly.
1212.6(E) Applicant Left Space 6 Blank, but Completed Space 7
If space 6 is incomplete or blank but space 7 is complete, the registration specialist will communicate with the applicant to determine whether the mask work has been commercially exploited. The specialist will amend and annotate space 6 or 7 to reflect, as appropriate, the accurate information.
1212.7 Space 7: Citizenship or Domicile of Owner at the Time of First Commercial Exploitation
An applicant should complete this space only if eligibility has not been, or cannot be, established in Space 4 (Citizenship or Domicile of Current Owner), or Space 6 (Nation of First Commercial Exploitation]. For more information on eligibility see Section 1204.4 above.
1212.8 Space 8: Nature of Contribution
Applicants must complete this space. The applicant should describe the new, original contribution to the mask work made by the claimed owner. In addition, the applicant should identify any preexisting mask work(s] that the mask work being claimed is based on or incorporates. For purposes of registration, a preexisting mask work is a previously commercially exploited or previously registered mask work.
Examples:
• Entirely new mask work.
• Revised version of previous registered mask work entitled XYZ500.
• Improved layout of previously exploited Maxi Chip.
1212.8(A) Description Indicates That the Mask Work Is "Original" or "Entirely New"
If the mask work is not based on a preexisting mask work, the applicant may state "original" or "entirely new" or the like. The registration specialist will not question such a statement unless information elsewhere in the registration materials suggests otherwise.
1212.8(B) Mask Work Is Based on or Incorporates a Preexisting Mask Work
If the mask work for which protection is sought is based on or incorporates a preexisting mask work, the applicant may make note of that in space 8, in addition to stating the new, original contribution that forms the basis of the claim. In such cases, the preexisting mask work may be described simply by the title or previous registration number.
Chapter 1200 : 17
12/22/2014
