- 1. Integrated circuit layout design protection
- 2. Patent Protection
- 3. Protection of trade secrets
- The case of the production of products according to product design drawings is a copy of the meaning of copyright law inspiration.
- In the end
PCB design-related professionals, in addition to understanding the conventional legal knowledge about PCB design, also expand the understanding of the current laws on the impact of the industry because this is how you want to protect your intellectual property rights in the future, and the development of the profession is very helpful. If you understand some of them alone, you will be unable to grasp the current industrial and legal development, which is not conducive to our professional development or business development. This article on some of the other cold printed circuit board knowledge product protection laws to provide help.
1. Integrated circuit layout design protection
The difference between a circuit wiring diagram and a semiconductor integrated circuit layout circuit wiring diagram and semiconductor integrated circuit have fundamental differences are two completely different technologies and the formation of two completely different products, which is common knowledge in the field of electronics technology. However, in practice, some people tend to mix the two.
Circuit wiring diagrams and the law’s semiconductor integrated circuit layout design belong to two completely different protection objects. It is specifically reflected in.
(1) circuit wiring diagrams are etched wiring on macroscopic insulating materials only to provide circuit connections. The macroscopic metal lines are visible to the naked eye. Semiconductor integrated circuit is in the microscopic semiconductor substrate or substrate; there is at least one active component of more than two components and all or part of the interconnection line using special microscopic manufacturing technology to integrate, is to provide the three-dimensional configuration of components and their lines. Therefore, semiconductor integrated circuits provide circuit links and complete the principle and function of the configuration of the microscopic components. Their lines can not be identified with the naked eye.
(2) The circuit wiring diagram is a flat structure, theoretically speaking, the thickness of its insulation board and its connecting lines do not affect the realization of its electrical properties. A semiconductor integrated circuit is a three-dimensional structure, theoretically speaking, the manufacturing of integrated circuits must have a certain thickness to complete the three-dimensional configuration. Otherwise, its electrical properties can not be achieved.
(3) circuit wiring diagram is to achieve the conductive line connection between discrete components, which is a deformation of the circuit macro connection. However, in reducing the space, anti-interference and other aspects also reflect some technical factors, but the technical requirements for design and manufacturing are not very high. Semiconductor integrated circuits are designed to realize logical connections between microscopic components in a microscopic volume to achieve some complex electrical functions, reflecting electronics development in the microscopic field and having extremely high requirements in design and manufacturing.
Therefore, circuit wiring diagrams and integrated circuits are completely different technologies and cannot be protected by the “Regulations for the Protection of Layout Designs of Integrated Circuits”.
2. Patent Protection
Printed circuit board wiring diagrams are difficult to apply for patents for inventions. Generally speaking, there can be many kinds of specific electronic circuits to realize the technical scheme in the circuit schematic design. One the printed circuit board layout designs is only one way to realize the patent scheme, realize the circuit schematic diagram, to consider the board size, specific component size, wiring layers, interfaces and other issues. In short, only the electronic components arrangement scheme conceived in the circuit schematic is transplanted to the insulated board, which is the realization of the technical scheme on the circuit board and does not have an independent product function, so it does not belong to the technical scheme itself and does not belong to the protection scope of the invention patent.
Utility models or designs cannot protect printed circuit board wiring diagrams. The Patent Law stipulates that the “utility model refers to a new technical solution for the shape, structure or combination of a product suitable for practical use. Design refers to the shape of the product, the pattern or its combination, and the combination of colour and shape, pattern, aesthetic and suitable for industrial applications of the new design” printed circuit board layout design innovation is reflected in the implementation of the circuit function, not in the shape of the product, structure or its combination, let alone in the shape of the product, pattern or its combination. Therefore, the printed circuit board wiring diagram is not a part of the product. Therefore, the printed circuit board wiring diagram does not belong to the scope of protection of utility models and design patents.
The technical solution embodied in the circuit schematic design process can be patented as an invention. The inventions protected by the current patent law include inventions, utility models and designs, of which inventions and utility models are technical solutions. The so-called technical solutions are for the production and life of the specific technical problems that arise to achieve a certain technical effect of the specific idea. In circuit board production, the design of the circuit schematic is usually based on the functional requirements of electronic products and the design and division of the circuit board modules, so the design process is essentially a new technical solution for the functional needs of the board. Therefore, the design process of the circuit schematic for specific technical problems designed to form a specific module between the order of functional implementation, logical correspondence, the arrangement of electronic components, etc., can apply for a patent for the invention.
The solutions proposed in the process of printed circuit board wiring diagrams for specific technical problems have a wide scope for patent protection. The process of circuit wiring diagram design, i.e., turning circuit principles into product line design, can be protected by patents for the technical solutions proposed for the technical problems found, such as the wiring methods proposed to overcome mutual interference between resistors, electromagnetic compatibility, etc. Although these problems do not belong to the macroscopic problems of schematic design, the solutions to these specific problems still reflect the designers’ Technical creativity and can apply for patent protection. For example, high-density interconnection printed circuit board technology in the conventional circuit board introduced blind, buried holes, fine lines, and wide line spacing; the ability to manufacture conventional multilayer board technology can not achieve the thin, multilayer, stable high-density interconnection printed circuit board.
3. Protection of trade secrets
The trade secret protection method can only provide limited protection for printed circuit boards. The “Anti-Unfair Competition Law” refers to trade secrets that are not known to the public, have commercial value and have the right to take appropriate confidentiality measures of technical information, business information and other commercial information. Therefore, the primary condition of trade secrets that has secrecy.
When the product contains printed circuit boards on the market, other production operators can buy the product from the open market and, through the disassembly of the product, analysis of reverse engineering to obtain the product layout design, resulting in the loss of secrecy. Therefore, the anti-unfair competition law can protect the circuit board layout design that is temporarily not publicly available or considered inappropriate for public disclosure, this protection can play a positive role in the product development stage, but after the product is marketed, the trade secret approach does not provide strong protection.
The case of the production of products according to product design drawings is a copy of the meaning of copyright law inspiration.
According to the current Copyright Law, “the right of reproduction, that is, the right to make one or more copies of the work by printing, copying, topping, recording, video recording, reproduction, and so on.” From the provisions of this article, the concept of the reproduction right in the Copyright Law is open-ended, and the acts of reproduction listed therein are all homogeneous conversions from plane to plane. Whether producing products according to product design drawings constitutes reproduction has been controversial, and this article tries to analyze it.
1. When the product is a work of art
Suppose the product corresponding to the design is a work of art or practical art. In that case, the process of producing three-dimensional products from the product design belongs to copying, which is not very controversial because it reflects the reproduction of the “beauty” in the product design and belongs to the typical copying behaviour protected by copyright law. In the judicial practice of various countries, the judicial authorities of this two-dimensional to three-dimensional reproduction process are also recognized as the act of reproduction.
Like paintings and sculptures, building buildings according to architectural designs also infringes on reproduction rights. From the provisions of the Copyright Law of each country, architectural works are classified in the same category as fine artworks, and combined with the definition of architectural works in the Regulations for the Implementation of the Copyright Law, “architectural works refer to works of aesthetic significance expressed in the form of buildings or structures”, the copyright laws of each country essentially equate architectural works with fine artworks. Therefore, the manufacture of buildings according to the architectural design is also an infringement of the copyright of the architectural design.
2. When the product is technical
There is a big controversy on whether manufacturing technical products according to product design drawings constitutes copying. Some scholars argue that this type of product does not constitute copying, and this view is generally accepted in judicial practice nowadays. We further discuss the issue through theoretical criticism of such views and examination of the industrial landscape and technological development.
Some scholars believe that, unlike artworks, the function of technical product design is to achieve certain scientific or technical functions, and the content of science and technology belongs to the category of “ideas”, and the protection of “ideas” should be a matter of patent law, not the responsibility of copyright law. Protecting “ideas” should be the responsibility of patent law, not copyright law.
In response to this view, industry commentators believe that whether a product design constitutes an “idea” or an “expression” should be determined from the perspective of the user of the product design and that the protection of the product design itself constitutes an “idea” from the perspective of a “person skilled in the art”. The product design constitutes the “idea” and “expression” to determine. Printed circuit boards, for example, constitute the “idea” in the circuit schematic diagram, can apply for patent protection, and the design itself is the specific implementation of this idea; the printed circuit board copy board version of the behaviour has developed to be able to use the photographic reproduction method copying, the essence is the reproduction process of the expression of the circuit board drawings. Therefore, it is not convincing to distinguish the difference between production methods and copying in the formal sense.
Some scholars, based on the theory that copyright and industrial property rights are divided and governed, believe that for a long time, there has been a very obvious boundary between industrial property rights and copyright, i.e., the dichotomy between utility and non-utility and that the objects adjusted by copyright law are limited to non-utility works. Firstly, according to the provisions of the copyright law, engineering design drawings and product design drawings, which have technical elements, are given the status of “graphic works” by the copyright law; secondly, the computer software protected by the copyright law is a typical technical work, and its main value is Secondly, computer software protected by copyright law is a typical technical work. Its main value is reflected in its practicality. It realizes certain functions of a computer through the operation of computer software, so it is not convincing to distinguish whether there is a mistake in practicality or not.
Technical product design drawings, especially printed circuit boards, are no different from computer software in object properties and should not be treated differently. Computer software is the process of writing and implementing the printed circuit board design and drawing, manufacturing the same substance, not only in the form of different expressions but in the protection of a huge difference. Printed circuit board layout design and computer software are practical works and are not have artistic beauty as the main value. The design ideas of computer software can be protected by applying for a patent by combining them with hardware, and the design ideas of printed circuit board layout design are mainly reflected in the circuit principle. The original circuit can be protected by applying for a patent, so both can be regarded as expressing certain technical ideas. The technical ideas of computer software through the call of the function, code writing to solve the specific problems in the process of software technology ideas, printed circuit board layout design through the design of the circuit, the layout of electronic components to solve the specific problems in the process of circuit principle implementation. The two thinking processes, technical solutions to achieve the same essence, should not be treated differently.
The legislation and justice of each country should serve the industrial situation and follow the trend. The reason why the Copyright Law excludes the construction and production of industrial products according to engineering design and product design drawings and their descriptions from the control of reproduction right is that the protection of dissimilar reproduction of engineering design drawings and product design drawings was not provided in consideration of the relatively weak industrial foundation in the initial development of each country. The relevant industries in each country have been fully developed, especially printed circuit boards. It is in the interest of the industrial development of each country to protect copyright law for the technical achievements in the production process, like circuit diagram design. The legislation and judicial system should not be limited to the old rules and regulations but should be based on the interests of national industries.
The development of 3D printing technology has significantly increased the economic value of product designs, and the right to reproduce them should be granted. Before the emergence of 3D printing technology and its widespread use, manufacturing products based on product design drawings was mainly done by corporate entities with related equipment. There was no difference between a product design described in words and a product design expressed graphically for other market players who did not have the production capacity to produce it. When 3D printing technology becomes popular, only 3D printers, which cost much less than professional production equipment, can be used by other market entities or even ordinary consumers to print product designs to obtain products, which greatly increases the economic value of product designs and the possibility of others to infringe on the economic interests of designers through printing, which calls for a positive response from the legal system. The legislation and the judiciary should have a pair of wise eyes to see the new changes in the pattern of interests in the wave of technological innovation and promptly follow up the system innovation.
In the end
This article goes through some legal knowledge to learn more about how to protect PCB design’s intellectual property rights. To avoid PCB design intellectual property disputes, you can entrust Anpllopcb to design and manufacture PCBs. In addition, to learn more about PCB design, IP laws can continue to read “how we can avoid competitors using PCB design drawings to copy the manufacturing of printed circuit boards” and “how you should protect the intellectual property rights of printed circuit boards.
