China's New Chip Layout Design Rules Take Effect, Covering Photonic and Quantum Circuits

By Haedar

Photo: Ferdinand-Feng / Pixabay

China has finished replacing its 25-year-old framework for protecting integrated circuit layout designs. New implementing rules issued by the China National Intellectual Property Administration (CNIPA) as Order No. 86 took effect on 30 October 2026, two weeks after the revised Regulations on the Protection of Layout Designs of Integrated Circuits came into force on 15 October. Both replace texts dating from 2001.

The revised Regulations, issued by the State Council as Decree No. 842, add an explicit line that layout designs of integrated circuits with photonic, quantum and similar functions can be protected. That matters because the classic definition of an IC is built around semiconductor substrates and electronic functions, which fit newer chip types less neatly.

The core features of the right stay familiar. Protection lasts 10 years from the filing date or the first commercial exploitation anywhere in the world, whichever comes first, and a layout design that has been exploited commercially for more than two years without a filing can no longer be registered. A protected design must be original, meaning it is the creator's own work and not commonplace among designers and manufacturers when created.

Filing requirements are more detailed. Applications must include copies or drawings that clearly show the original parts of the layout, plus a statement of originality identifying the design areas, key features and their functions. If the design is already in commercial use, a chip sample is required. Foreign applicants with no habitual residence or business in China must file through a Chinese patent agency.

A CNIPA transitional notice explains that applications filed on or after 15 October follow the revised Regulations, while earlier filings keep the old rules, subject to a few exceptions, including a new route to request cancellation of a registration.

Indonesian angle. Indonesia protects IC layout designs under Law No. 32 of 2000, but filings at DJKI remain rare. Indonesian chip design start-ups and university labs working with Chinese foundries or customers should consider registering layouts in China early, keep design records that support an originality statement, and watch the two-year commercial exploitation deadline.

Sources

• CNIPA: Implementing Rules of the IC Layout Design Regulations, Order No. 86 (in Chinese)
• Gov.cn: Regulations on the Protection of Layout Designs of Integrated Circuits, Decree No. 842 (in Chinese)
• CNIPA: Transitional measures for examination under the revised Regulations (in Chinese)