1213 Preparing the Deposit Material
The required deposit material for mask works is identifying material. The required contents of the ID material vary depending on (I) whether the work has been commercially exploited, or (ii) whether the work contains trade secrets.
As stated above in Section 1204.4, commercial exploitation is defined as the distribution of a semiconductor chip product embodying a mask work to the public for commercial purposes. The term includes an offer to sell or transfer the mask work when the offer is in writing and occurs after the mask work is fixed in the semiconductor chip product. 17
U.S.C. § 901 (A) (5).
Where an applicant makes a claim that the identifying materials normally required to be deposited contain information that is subject to trade secret protection, certain material may be withheld from the deposit of identifying material.
A discussion of identifying material for commercially exploited mask works containing trade secrets is set forth in Section 1213.2 below. A discussion of identifying material for mask works that have not been commercially exploited but contain trade secret material is set forth in Section 1213.4 below.
All visually perceptible representations should be reproduced at a magnification sufficient to reveal the basic circuitry design of the mask work and should be at least twenty times the actual size. Poor resolution plots will be questioned, which could delay the effective date of registration. Large visually perceptible materials are acceptable if they can be folded or cut into a roughly 8¬Ω inches by 11 inches format and are storable in a 12 inches by 15 inches envelope.
Titles should be placed on all identifying materials so that applications and deposit materials can be matched.