In July 2026, China’s State Council published the revised Regulations on the Protection of Integrated Circuit Layout Designs, effective 15 October 2026 — the first comprehensive revision in the 25 years since the Regulations took effect. Among the amendments, the newly introduced “originality declaration” requirement directly affects every layout-design registration application. This article summarizes the key points and practical implications based on the expert interpretation released by the China National Intellectual Property Administration (CNIPA).

1. What Is an Originality Declaration?

“Originality” is the substantive requirement for a layout design to be registered and protected. The originality declaration is a new statutory filing document: when submitting a registration application, the applicant must describe in writing the boundary of the layout design’s originality and demonstrate that it meets the statutory standard.

In effect, the declaration converts the abstract originality criterion into a reviewable, evidence-ready written document. Once filed, it enters the official archive and becomes a key piece of legal evidence for determining whether the layout design is original.

2. Why Was This Requirement Added?

Greater certainty of scope

Before the revision, it was difficult in practice to specify all the information necessary to define originality during registration, leaving the scope of protection vague and costly to determine. The declaration requires rights holders to define their claims at the filing stage, and the scope cannot be freely expanded in later proceedings.

Stronger protection at the source, lower enforcement costs

At registration, the original portions are fixed, giving a more solid rights foundation and reducing cancellation risk. In enforcement, it significantly reduces evidentiary and expert-appraisal costs, and — together with the good-faith principle and punitive damages — helps prevent abusive “fishing” litigation.

Facilitating commercialization

In transfers, licensing and pledges of layout designs, counterparties can assess the technical value and scope of rights clearly, lowering due-diligence costs and reducing ownership disputes.

3. Three Practical Tips for Applicants

First, identify the genuinely original portions of the layout design early and avoid vague wording. Second, balance “defining fully” against “leaving room” — too narrow a declaration may weaken protection, while too broad one raises cancellation risk. Third, for complex technical solutions, consider engaging a professional IP agency to draft the declaration so it withstands later proceedings.

4. FAQ

Is the originality declaration mandatory?

Yes. Under the revised Regulations it is one of the required filing documents for registration.

Can the declaration be amended after filing?

Once archived, the boundary of rights is fixed; the scope of protection cannot be freely expanded in subsequent proceedings, so review carefully before submission.

How does layout-design registration differ from a patent?

A layout design protects the three-dimensional configuration of elements and interconnections in an integrated circuit and is protected through registration; a patent protects a technical solution and requires substantive examination.

This article is an original summary based on the CNIPA expert interpretation by Li Shunde (Institute of Law, Chinese Academy of Social Sciences, 2026-08-03), original text. The official publication prevails.

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