Examples:
• Modification of mask work contained in MW 12,348.
• Modification of XJ254.
1212.8(C) Description Limits the Claim with No Indication of Preexisting Material
The U.S. Copyright Office's regulations require applicants to register a single claim in the most complete form of the mask work in existence at the time of registration, so long as the elements claimed are original and have not previously been commercially exploited or previously been registered. Applicants may not divide a single mask work into multiple registrations unless different portions of the mask work were first commercially exploited on different dates. See 37 C.F.R. § 211.4(d). There is one exception: a 1991 amendment to the regulations permits separate registrations of an unpersonalized gate array and the custom metallization layer(s) despite the existence of a completed final form that combines the two. 37 C.F.R. § 211.4(c)(2).
1212.8(D) Description Clearly Presents a Claim in the Functions or Uses of the Semiconductor Chip Product Embodying the Mask Work
A description of the mask work that clearly presents a claim in the functions or uses of the semiconductor chip product embodying the mask work goes beyond the scope of protection. See 17 U.S.C. § 902(c). In such cases, the registration specialist will communicate with the applicant to amend space 8 so that it clearly limits the claim to the mask work contained within the chip.
1212.8(E) Description Contains Technical Terminology
An applicant can include technical terminology that includes descriptions of functionality in the contribution of authorship statement if it is clear that the applicant is not claiming protection for authorship beyond the scope of mask work protection. See 17 U.S.C. § 902(c).
1212.9 Space 9: Contact Person for Correspondence about the Claim
In space 9, the applicant should provide the name and address of the person the Office should contact if the registration specialist has questions or concerns regarding the claim. If space 9 is blank or incomplete, the specialist will register the claim if it is otherwise acceptable and there is no need to correspond with the applicant, and if an address is provided in space 12. If no address is provided the registration specialist will communicate with the applicant to obtain the address, which may delay the examination of the application.
1212.10 Space 11 : Certification
1212.10(A) Signature Required
The application must contain the handwritten signature of the applicant, accompanied by the typed or printed name of that person certifying that the applicant is authorized to
Chapter 1200 : 18
12/22/2014
