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Semiconductor Chip Protection Act
The Semiconductor Chip Protection Act of 1984 (or SCPA) is an act of the US Congress that makes the layouts of integrated circuits legally protected upon registration, and hence illegal to copy without permission. It is an integrated circuit layout design protection law. Background Prior to 1984, it was not necessarily illegal to produce a competing chip with an identical layout. As the legislative history for the SCPA explained, patent and copyright protection for chip layouts, chip ''topographies'', was largely unavailable. This led to considerable complaint by American chip manufacturers—notably, Intel, which, along with the Semiconductor Industry Association (SIA), took the lead in seeking remedial legislation—against what they termed "chip piracy." During the hearings that led to enactment of the SCPA, chip industry representatives asserted that a pirate could copy a chip design for $100,000 in 3 to 5 months that had cost its original manufacturer upwards of $1 millio ...
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Federal Courts Improvement Act
The Federal Courts Improvement Act, 96 Stat. 25., was a law enacted by the United States on April 2, 1982 which established the United States Court of Appeals for the Federal Circuit and the United States Claims Court (later changed to the United States Court of Federal Claims). The statute was intended to promote greater uniformity in certain areas of federal jurisdiction and relieve the pressure on the dockets of the Supreme Court and the courts of appeals for the regional circuits.History of the Federal Judiciary, Landmark Judicial Legislation


History

In 1971, a committee appointed by Chief Justice proposed the creation of ...
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Semiconductor Industry Association
The Semiconductor Industry Association (SIA) is a trade association and lobbying group founded in 1977 that represents the United States semiconductor industry. It is located in Washington, D.C. One of the main achievements of the SIA was the creation of the first National Technology Roadmap for Semiconductors, in the early 1990s. About The Semiconductor Industry Association (SIA) positions itself as the voice of the U.S. semiconductor industry. This is one of America's top export industries and a driver of American economic strength, national security and global competitiveness. Founded in 1977 by five microelectronics pioneers Wilfred Corrigan of Fairchild Semiconductor, Robert Noyce of Intel Corporation, Jerry Sanders of Advanced Micro Devices, Charles Sporck of National Semiconductor Corporation and John Welty of Motorola, SIA unites companies that account for 80 percent of America’s semiconductor production. Through this coalition, SIA seeks to strengthen US leaders ...
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Chip Art
Chip art, also known as silicon art, chip graffiti or silicon doodling, refers to microscopic artwork built into integrated circuits, also called chips or ICs. Since ICs are printed by photolithography, not constructed a component at a time, there is no additional cost to include features in otherwise unused space on the chip. Designers have used this freedom to put all sorts of artwork on the chips themselves, from designers' simple initials to rather complex drawings. Given the small size of chips, these figures cannot be seen without a microscope. Chip graffiti is sometimes called the hardware version of software easter eggs. Prior to 1984, these doodles also served a practical purpose. If a competitor produced a similar chip, and examination showed it contained the same doodles, then this was strong evidence that the design was copied (a copyright violation) and not independently derived. A 1984 revision of the US copyright law (the Semiconductor Chip Protection Act of ...
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Integrated Circuit Layout Design Protection
Layout designs (topographies) of integrated circuits are a field in the protection of intellectual property. In United States intellectual property law, a "mask work" is a two or three-dimensional layout or topography of an integrated circuit (IC or "chip"), i.e. the arrangement on a chip of semiconductor devices such as transistors and passive electronic components such as resistors and interconnections. The layout is called a ''mask'' work because, in photolithographic processes, the multiple etched layers within actual ICs are each created using a mask, called the photomask, to permit or block the light at specific locations, sometimes for hundreds of chips on a wafer simultaneously. Because of the functional nature of the mask geometry, the designs cannot be effectively protected under copyright law (except perhaps as decorative art). Similarly, because individual lithographic mask works are not clearly protectable subject matter; they also cannot be effectively protecte ...
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Substantial Similarity
Substantial similarity, in US copyright law, is the standard used to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if copyright infringement were limited to making only exact and complete reproductions of a work. Many courts also use "substantial similarity" in place of "probative" or "striking similarity" to describe the level of similarity necessary to prove that copying has occurred. A number of tests have been devised by courts to determine substantial similarity. They may rely on expert or lay observation or both and may subjectively judge the feel of a work or critically analyze its elements. Substantial similarity in copyright infringement To win a claim of copyright infringement in civil or criminal court, a plaintiff must show he or she owns a valid copyright, the defendant actually copied the work, and the level of copyin ...
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Reverse Engineering
Reverse engineering (also known as backwards engineering or back engineering) is a process or method through which one attempts to understand through deductive reasoning how a previously made device, process, system, or piece of software accomplishes a task with very little (if any) insight into exactly how it does so. It is essentially the process of opening up or dissecting a system to see how it works, in order to duplicate or enhance it. Depending on the system under consideration and the technologies employed, the knowledge gained during reverse engineering can help with repurposing obsolete objects, doing security analysis, or learning how something works. Although the process is specific to the object on which it is being performed, all reverse engineering processes consist of three basic steps: Information extraction, Modeling, and Review. Information extraction refers to the practice of gathering all relevant information for performing the operation. Modeling refers to th ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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Gebrauchsmuster
In German and Austrian patent laws, the ''Gebrauchsmuster'' (GebrM), also known as German utility model or Austrian utility model, is a patent-like, intellectual property right protecting inventions. The Gebrauchsmuster is slightly different from the patent. It mainly differs from the patent in that processes and methods cannot be protected by a Gebrauchsmuster, only products can. Furthermore, the term of a Gebrauchsmuster, that is its maximum lifetime, is 10 years from the date of registration. In contrast, a patent has usually a term of 20 years from the date of filing of the application. Germany The German utility model has some interesting characteristics, when compared to the German patent or to the European patent designating Germany: * Prior art considered for examining novelty and inventive step is somewhat more limited: ** Oral disclosures are not taken into account, only written disclosures are taken into account; ** Public prior use outside Germany is not taken into ac ...
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Utility Model
A utility model is a patent-like intellectual property right to protect inventions. This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada. Although a utility model is similar to a patent, it is generally cheaper to obtain and maintain, has a shorter term (generally 6 to 15 years), shorter grant lag, and less stringent patentability requirements. In some countries, it is only available for inventions in certain fields of technology and/or only for products. Utility models can be described as second-class patents. While no international convention requires countries to protect utility models (unlike copyright, trade marks or patents) and they are not subject to the TRIPS agreement, they are subject to the Paris Convention for the Protection of Industrial Property, which means that countries that do protect utility models are required to comply with rules such as national treatment and priority. Utility models are also ava ...
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Sui Generis
''Sui generis'' ( , ) is a Latin phrase that means "of its/their own kind", "in a class by itself", therefore "unique". A number of disciplines use the term to refer to unique entities. These include: * Biology, for species that do not fit into a genus that includes other species * Creative arts, for artistic works that go beyond conventional genre boundaries * Law, when a special and unique interpretation of a case or authority is necessary ** Intellectual property rights, for types of works not falling under general copyright law but protected through separate statutes * Philosophy, to indicate an idea, an entity, or a reality that cannot be reduced to a lower concept or included in a higher concept Biology In the taxonomical structure "genus → species", a species is described as ''sui generis'' if its genus was created to classify it (i.e. its uniqueness at the time of classification merited the creation of a new genus, the sole member of which was initially the ''sui ge ...
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