[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR211.5]

[Page 542-544]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 211--MASK WORK PROTECTION--Table of Contents
 
Sec. 211.5  Deposit of identifying material.

    (a) General. This section prescribes rules pertaining to the deposit 
of identifying material for registration of a

[[Page 543]]

claim of protection in a mask work under section 908 of title 17 U.S.C.
    (b) Nature of required deposit. Subject to the provisions of 
paragraph (c) of this section, the deposit of identifying material to 
accompany an application for registration of a mask work claim under 
Sec. 211.4 of these regulations shall consist of:
    (1) In the case of a commercially exploited mask work, four 
reproductions of the mask work fixed in the form of the semiconductor 
chip product in which it was first commercially exploited. Defective 
chips may be deposited under this section provided that the mask work 
contribution would be revealed in reverse dissection of the chips. The 
four reproductions shall be accompanied by a visually perceptible 
representation of each layer of the mask work consisting of:
    (i) Sets of plastic color overlay sheets;
    (ii) Drawings or plots in composite form on a single sheet or on 
separate sheets; or
    (iii) A photograph of each layer of the work fixed in a 
semiconductor chip product.

The visually perceptible representation of a mask work deposited under 
this section shall be reproduced on material which can be readily stored 
in an 8\1/2\ x 11 inch format, and shall be reproduced at a 
magnification sufficient to reveal the basic circuitry design of the 
mask work and which shall in all cases be at least 20 times 
magnification.
    (2) In the case of a mask work that has not been commercially 
exploited, one of the following:
    (i) Where the mask work contribution in which registration is sought 
represents twenty percent or more of the area of the intended final 
form, a visually perceptible representation of the work in accordance 
with paragraph (b)(1) (i) or (ii) of this section. In addition to the 
deposit of visually perceptible representations of the work, an 
applicant may, at his or her option, deposit four reproductions in the 
most complete form of the mask work as fixed in a semiconductor product.
    (ii) Where the mask work contribution in which registration is 
sought represents less than twenty percent of the area of the intended 
final form, a visually perceptible representation of the work which 
reveals the totality of the mask work contribution to a person trained 
in the state of the art. The visually perceptible representations may 
consist of any combination of plastic color overlay sheets, drawing or 
plots in composite form, or a photograph or photographs of the entire 
mask set. If the visually perceptible representation fails to identify 
all of the elements of the mask work contribution, they may be 
accompanied by additional explanatory material. The visually perceptible 
representation of a mask work deposited under this section shall be 
reproduced on material which can be readily stored in an 8\1/2\ x 11 
inch format and shall be of sufficient magnification and completeness to 
reveal all elements of the mask work contribution. In addition to the 
deposit of visually perceptible representations of the work, an 
applicant may, at his or her option, deposit four reproductions in the 
most complete form of the mask work as fixed in a semiconductor chip 
product.
    (c) Trade secret protection. Where specific layers of a mask work 
fixed in a semiconductor chip product contain information in which trade 
secret protection is asserted, certain material may be withheld as 
follows:
    (1) Mask works commercially exploited. For commercially exploited 
mask works no more than two layers of each five or more layers in the 
work. In lieu of the visually perceptible representations required under 
paragraph (b)(1) of this section, identifying portions of the withheld 
material must be submitted. For these purposes, identifying portions 
shall mean (i) a printout of the mask work design data pertaining to 
each withheld layer, reproduced in microform, or (ii) visually 
perceptible representations in accordance with paragraph (b)(1) (i), 
(ii), or (iii) of this section with those portions containing sensitive 
information maintained under a claim of trade secrecy blocked out, 
provided that the portions remaining are greater than those which are 
blocked out.
    (2) Mask work not commercially exploited. For mask works not 
commercially exploited falling under paragraph (b)(2)(i) of this 
section, any layer

[[Page 544]]

may be withheld. In lieu of the visually perceptible representations 
required under paragraph (b)(2) of this section, ``identifying 
portions'' shall mean (i) a printout of the mask work design data 
pertaining to each withheld layer, reproduced in microform, in which 
sensitive information maintained under a claim of trade secrecy has been 
blocked out or stripped, or (ii) visually perceptible representations in 
accordance with paragraph (b)(2)(i) of this section with those portions 
containing sensitive information maintained under a claim of trade 
secrecy blocked out, provided that the portions remaining are greater 
than those which are blocked out. The identifying portions shall be 
accompanied by a single photograph of the top or other visible layers of 
the mask work fixed in a semiconductor chip product in which the 
sensitive information maintained under a claim of trade secrecy has been 
blocked out, provided that the blocked out portions do not exceed the 
remaining portions.
    (d) Special relief. The Register of Copyrights may decide to grant 
special relief from the deposit requirements of this section, and shall 
determine the conditions under which special relief is to be granted., 
Requests for special relief under this paragraph shall be made in 
writing to the Chief, Examining Division of the Copyright Office, 
Washington, DC 20559-6000, shall be signed by the person signing the 
application for registration, shall set forth specific reasons why the 
request should be granted and shall propose an alternative form of 
deposit.
    (e) Retention and disposition of deposits. 1'(1) Any 
identifying material deposited under this section, including material 
deposited in connection with claims that have been refused registration, 
are the property of the United States Government.
    (2) Where a claim of protection in a mask work is registered in the 
Copyright Office, the identifying material deposited in connection with 
the claim shall be retained under the control of the Copyright Office, 
including retention in Government storage facilities, during the period 
of protection. After that period, it is within the joint discretion of 
the Register of Copyrights and the Librarian of Congress to order its 
destruction or other disposition.

[50 FR 26719, June 28, 1985, as amended at 60 FR 34169, June 30, 1995]