Submission of registration application

Submission of registration application

Inspection criteria for registration application of layout-design of integrated circuit

Definition

 “Integrated circuit” means a completed or semi-completed product with the electronic function which is composed of components which can generate electronic operation, including a connector which links all components or some parts, by which all components are located on or in the same piece of a semiconductor.

“Layout-design” means layout, diagram or picture made in any form with any method to demonstrate how the integrated circuit is formed up.

“Layout certificate” means an important document issued to protect the layout according to this Act.

“Make commercial benefits” means making benefits through selling, leasing or any other means to obtain remuneration or other benefits. The meaning shall include offering to gain benefits.

“Owner” means a person who receives the layout certificate. It shall include a transferee of the right.”

“Official” means personnel appointed by the Minister to operate according to this Act.

“Director-General” means the Director-General of the Department of Intellectual Property.

“Service receiver or applicant” means people who directly receive service or a governmental or private agency which receives service from a governmental agency.

Consideration criteria

1. Accuracy and clearness of the content of the layout-design of integrated circuit. The documentation shall comprise the followings;

- Fill in all spaces in the form Bor Phor 1, Bor Phor 1 (Por), or Bor Phor 1(Add).

- Registration application for layout-design of integrated circuit with the signature of the applicant or attorney-in-fact.

- In case the applicant is the circuit designer, he shall fill in the registration right affirmation form for layout-design of integrated circuit. In case the applicant is a foreigner, the applicant shall use Bor Phor 1(Add) Form.

2. Prepare the documents for right claiming in registration

- In case the applicant is a transferee, he shall attach the right transferring letter with the signatures of the transferor and transferee.

- In case the applicant obtains his right through other means, for example inheriting, employment contract, etc., he shall submit the document affirming his right.

3. The Power of Attorney, in case of authorization to an attorney-in-fact registered with the Department of Intellectual Property.

4. Four samples of layout-design of integrated circuit applied for registration.

5. In case the layout-design of integrated circuit is already manufactured for commercial benefits, the manufacturing must be launched not more than 2 years.

6. Details of the electronic function of the layout-design of integrated circuit, such as Data sheet, etc.

7. Drawing or photograph or anything with the same effect used in the manufacturing of the integrated circuits with diagram such as MASK, etc.

Conditions of application submission

1. To apply for protection of the layout-design of integrated circuit, the applicant shall submit the application form as determined by the Director-General.

2. Authorization

2.1 In case the applicant of the patent does not reside in the Kingdom of Thailand, he shall authorize the attorney-in-fact to act on his behalf. In this regard, the power of attorney shall be presented to the Director-General in accordance with the following regulations

(1) If the authorization is done outside the Kingdom of Thailand, the signatures in the authorization letter or power of attorney shall be certified by the authorized official of the Thai embassy or consulate or Director of the office of the Ministry of Commerce located in the country where the principal or power grantor resides, or the person authorized to act on behalf of the said officials or the person authorized to certify the signature according to the law in that country, or

(2) In case the authorization is done in the Kingdom of Thailand, the applicant shall submit a copy of passport or temporary residence certificate of the principal or power grantor, or any evidence indicating that at the time the authorization was made, the principal or power grantor was in Thailand.

2.2 The Power of Attorney shall be attached with the revenue stamp of 30 Baht/attorney-in-fact/application.

Notes:

1. The working process starts after the inspection of the documents is completed, as specified in the manual of the public service.

2. In case the application or documentary evidence is not correct or incomplete, the official shall record the defect of the document or indicate the required additional documentary evidence (Record of conditions on application reception). The applicant shall correct the document and/or submit the additional document within 90 days of the application submission date. If the applicant fails to submit all additional documents within the specific period of time, it shall be deemed that the applicant dismisses the application. The official shall return the application to the applicant and inform the reason of the return and his appeal right.

3. Any fee paid to the Department of Intellectual Property shall not be refunded in all cases, except

(1) The law stipulates that the fee must be refunded, or

(2) The applicant double-paid or overpaid the fee, by which the faulty payment resulted from the mistake of the state official, not the payer. In this regard, the Department of Intellectual Property shall consider the refund case by case.

4. In case the applicant is required to submit many additional documentary evidences, the applicant shall submit all additional documentary evidences in the same time.

5. In case the applicant submits the copy of the documentary evidence, the applicant shall certify the copy of the documentary evidence.

6. In case the applicant submits the document in foreign language, the applicant shall submit the document with Thai translation and the correct translation certification of the translator.

7. In case the applicant or the authorized attorney-in-fact does not submit the application by himself, and granted power to the other person to submit the application, the application submitter shall present a sub power of attorney or temporary power of attorney, so that he is eligible to submit the application and sign in the record of conditions on application reception. If it appears that the application and the documentary evidence is not correct or incomplete, and the application submitter is not authorized to sign on the said record, the official shall not receive the application.

8. The working period does not include the time period when the applicant follows the official’s instruction or corrects the application, or the period of temporary suspension of registration.

Relevant laws

Protection of Layout-Designs of Integrated Circuits Act B.E.2543

The Ministerial Regulation Re : Determination of fees for layout-designs of integrated circuits B.E. 2545 (dated 26 December 2002).

Notification of the Department of Intellectual Property Re: Time counting according to Protection of Layout-Designs of Integrated Circuits Act B.E.2543 (dated 17 January 2003)

Notification of the Department of Intellectual Property Re: Determination of application forms for layout-designs of integrated circuits, other applications and supporting documents of the said applications (dated 17 January 2003).

Notification of the Department of Intellectual Property Re: Registration of right transferring of layout-designs by inheriting and the evidence of inheriting (dated 17 January 2003)