In July 2026, the State Council promulgated the revised Regulations on the Protection of Layout-Designs of Integrated Circuits (the "Regulations"), effective October 15, 2026. This is the first comprehensive revision in the 25 years since the Regulations took effect. One of the highlights of this revision is the addition of the "statement of originality" requirement.

I. How to understand the statement of originality

The "originality" of a layout-design of integrated circuits is the substantive requirement for registration and legal protection. The "statement of originality" is a statutory registration document newly added in this revision of the Regulations and one of the application documents that must be submitted when applying for registration of a layout-design. It is a formal written document submitted by the applicant to the China National Intellectual Property Administration (CNIPA) to explain in writing the boundaries of the layout-design's originality and to demonstrate that it meets the statutory standard of originality. In short, the statement of originality transforms the abstract criterion of "originality" into a written document that can be examined and used as evidence; after registration it is kept in the official file and serves as the key statutory documentary evidence for determining whether a layout-design possesses originality.

Although the pre-revision Regulations clearly provided that "originality" is the substantive requirement for the registration and protection of layout-designs, in practice it was difficult to specifically identify and define all the necessary information on the "originality" of a layout-design through the registration procedure. As a result, the connotation and extension of "originality" were vague, making determinations of originality quite difficult and costly, sometimes even impossible. The revised Regulations add the statement-of-originality requirement to define and explain the original parts in the copies or drawings, which can effectively resolve the practical difficulty of determining the scope of protection.

II. The institutional value of the statement of originality

Adding the "statement of originality" requirement for layout-designs of integrated circuits is an important improvement to China's protection system in this field, and its significance is reflected in the following aspects.

First, it enhances the certainty of the layout-design registration system. By requiring right holders to clearly identify the original parts of the layout-design at the registration stage, the statement-of-originality system significantly enhances the certainty of the "scope of protection" of layout-designs. The right holder's claims are made clear at the registration stage, and the holder of the exclusive right can no longer arbitrarily expand the scope of protection in subsequent procedures, making the scope of originality examination clear and definite. In addition, as a mandatory application document, the statement of originality helps guide applicants to exercise their rights lawfully and enhances the certainty of the registration system. In sum, the statement-of-originality system makes the boundaries of rights clearer, effectively resolves the problem of indeterminate scope of protection, and, while protecting the legitimate rights and interests of right holders, better balances the interests of layout-design right holders and the public.

Second, it strengthens protection of layout-designs at the source, helping to reduce costs in establishing rights, enforcing rights and utilizing rights, and improving overall efficiency. At the rights-establishment stage, although applicants need to invest effort in drafting the statement of originality — which may increase upfront agency or in-house legal costs — the original parts are usually fixed at registration, giving the right a more solid foundation and effectively reducing the risk cost of cancellation of registration. At the enforcement stage, it can effectively reduce the evidentiary and appraisal costs related to determining the scope of protection and significantly improve the efficiency of handling infringement disputes. Together with the principle of good faith and the punitive damages system, it can both prevent right holders from exploiting vague boundaries for "fishing enforcement" or abusive litigation, and raise the cost of infringement, reducing infringement at the source. At the utilization stage, in commercial transactions such as assignment, licensing or pledge of layout-designs, it enables assignees or licensees to clearly assess the actual technical value and boundaries of the rights, reducing due diligence costs; it also reduces ownership disputes and negotiation friction, lowering communication and negotiation costs in business cooperation. In sum, although the statement-of-originality system adds a small drafting cost at the front end of the application, it can substantially reduce costs and increase efficiency at the back-end stages of establishing, enforcing and utilizing rights, ultimately achieving a significant reduction in overall social costs and providing a more stable and predictable legal environment for the innovative development of integrated circuit technology.

Source: China National Intellectual Property Administration (CNIPA), Policy Interpretation column. Date of original: August 3, 2026. Original link: https://www.cnipa.gov.cn/art/2026/8/3/art_66_207424.html