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1213.2 ID Material for Commercially Exploited Mask Works Containing Trade Secrets

 

1213.2 ID Material for Commercially Exploited Mask Works Containing Trade Secrets

 

If the commercially exploited mask work contains trade secrets, the identifying material should consist of:

 

• Four chips as first commercially exploited;

 

• Color overlays, plots, or photographs for all other layers; and

 

• Special “identifying portions” for no more than two of each of the five layers of the mask work in which trade secrecy is claimed.

 

Specifically, the identifying portions should consist of (I) a printout of the mask work design data pertaining to each withheld layer, reproduced in microform, or (ii) visually perceptible representations, such as sets of plastic color overlay sheets, drawings or plots in composite form on a single sheet or on separate sheets, or photographs of each layer of the masks in which portions maintained under a claim of trade secrecy are blocked out, provided that the remaining portions are greater than the blocked out portions. 37 C.F.R. § 211.5 (C) (1) (I)-(ii).