On September 30, 2026, China’s National Intellectual Property Administration (CNIPA) promulgated the revised Implementing Rules for the Regulation on the Protection of Layout Designs of Integrated Circuits (the “Rules”) by Order No. 86, effective October 30, 2026. The revision supports the amended Regulation itself—promulgated by State Council Order No. 842 on July 23, 2026 and effective October 15, 2026—by codifying established practice, standardizing procedures, and improving the quality and efficiency of registration and enforcement. This article outlines the three core changes—registration procedure, reexamination and invalidation, and right enforcement—for layout-design creators, integrated-circuit enterprises, and IP managers.
1. Background and Effective Dates
On July 23, 2026, Premier Li Qiang signed State Council Order No. 842 promulgating the amended Regulation on the Protection of Layout Designs of Integrated Circuits, effective October 15, 2026. To support its implementation, CNIPA revised the companion Rules: after extensive research and a public comment period in August 2026, the revised Rules were promulgated by CNIPA Order No. 86 on September 30, 2026, effective October 30, 2026. The revised Rules contain 7 chapters and 56 articles.
2. More Standardized Registration and Procedure
The revision systematically refines the registration and related procedures.
2.1 Electronic form and samples clarified
Electronic form is expressly treated as writing; the form, timing, and quantity of samples for a registration filing are specified; rules on electronic filing and service, application-form particulars, agency formalities, and designation of a representative for joint applications are added (Arts. 3, 5, 9, 14, 15).
2.2 Originality statement detailed
Copies or drawings must follow prescribed form and format; the originality statement must identify and explain the original part of the layout design, and that part must include a region capable of performing an independent function (Arts. 10–13).
2.3 Voluntary withdrawal added
Cases of non-acceptance are refined, amendment of application documents is detailed, and a rule permitting voluntary withdrawal during examination is added (Arts. 16–18).
2.4 Right vests on registration; certificates and bibliographic data
The exclusive right arises from the registration date, and certificate particulars are refined (Arts. 19, 20); bibliographic items that generally may not be changed—such as the creator’s name—are regulated (Art. 21).
2.5 New chapter on “formalities for exercising the right”
Chapter 4 of the revised Rules adds a dedicated chapter on formalities for exercising the exclusive right, covering transfer registration, license-recordal, pledge registration, and assignment (Arts. 36–40).
2.6 Fees and public register
Fee categories, online-payment timing, and refund rules are refined (Arts. 19, 47–49); the content of the register is improved, and the public may inspect and copy specified items (Arts. 50, 52).
3. Unified and More Efficient Reexamination and Invalidation
Reflecting the institutional reform, the reexamination and invalidation authority is changed from the “Patent Reexamination Board of CNIPA” to “CNIPA” (Arts. 23–35). The reexamination system is optimized—non-acceptance grounds are refined and the post-reversal procedure is clarified (Arts. 24, 26)—and the invalidation system is detailed, including filing, acceptance, withdrawal, oral hearings, and non-extendable time limits (Arts. 28–35).
4. Stronger Right Protection and Exploitation
4.1 Infringement handling and scope
CNIPA may, upon request, handle infringement disputes and mediate damages; the requester may be a natural person, legal person, or unincorporated organization with a vested interest (Arts. 41, 42). The scope of an infringement proceeding is determined by the original part asserted by the requester (Art. 43).
4.2 Stay of administrative ruling and non-voluntary license
The stay of administrative-ruling proceedings is refined: CNIPA may refuse to stay where the grounds are manifestly untenable (Art. 44). Non-voluntary licensing—filing, acceptance, examination, and decision—is detailed (Arts. 45, 46), balancing right protection against the public interest.
5. Practical Implications for Enterprises and Creators
- Timing: the Regulation is effective Oct 15, 2026 and the Rules Oct 30, 2026; new and pending filings should watch procedural applicability.
- Filing preparation: the originality statement must focus on “regions capable of independent function”; prepare explanatory materials in advance.
- Procedural flexibility: voluntary withdrawal is available during examination; transfers, licenses, and pledges require formal recordal.
- Enforcement: infringement may be referred to CNIPA for handling and damages mediation; define scope by the original part.
- Fees and transparency: watch online-payment deadlines and refund rules; the public register aids title verification.
Related practice: China patent annuity monitoring, China trademark classes.
FAQ
Q: When do the revised Implementing Rules take effect, and when does the exclusive right arise?
A: The revised Implementing Rules take effect on October 30, 2026. The exclusive right in a layout design arises from the date of registration (Articles 19 and 20).
Q: How should the originality statement be prepared when filing a layout-design registration?
A: The originality statement must identify and explain the original part of the layout design, and that original part must include a region capable of performing an independent function (Articles 10 through 13).
Q: Can a registration application be withdrawn after it is filed?
A: Yes. The revision adds a rule permitting the applicant to voluntarily withdraw the application during the examination procedure (Articles 16 through 18).
Q: If the exclusive right is infringed, to whom can the right holder turn?
A: CNIPA may, upon request, handle infringement disputes and mediate the amount of damages; the requester may be a natural person, legal person, or unincorporated organization having a vested interest (Articles 41 and 42).
This article introduces the intellectual property system of the People’s Republic of China (China). For specific matters, please refer to the latest official regulations.
Source: CNIPA policy interpretation “Explanation on the Revision of the Implementing Rules for the Regulation on the Protection of Layout Designs of Integrated Circuits” (2026-09-30). Original: https://www.cnipa.gov.cn/art/2026/9/30/art_66_208389.html