China Publishes Revised Regulations on the Protection of Layout Designs of Integrated Circuits (State Council Order No. 842)

Premier Li Qiang has signed a State Council order publishing the revised Regulations on the Protection of Layout Designs of Integrated Circuits, Xinhua News Agency reported on August 3, 2026. The revised text — State Council Order No. 842, adopted at the 91st executive meeting of the State Council on July 10, 2026 and signed on July 23 — will take effect on October 15, 2026. It is the first systematic revision of the Regulations since they were introduced in 2001.

A highlight of the revision is that layout designs of 'integrated circuits integrating photonic, quantum or other functions' are expressly brought within the scope of protection, addressing a long-standing gap for new-type chips. According to commentary from the China National Intellectual Property Administration (CNIPA), the 2001 definitions were framed around electronic signal processing, while optoelectronic integration, silicon photonics and quantum chips perform functions beyond single-electronic-signal processing; such designs had previously been protected only through case-by-case examination. CNIPA noted that registration applications for layout designs containing photonic or quantum devices began rising in 2022, with volume filings observed after 2024.

The revised Regulations comprise six chapters and 54 articles. According to Xinhua, the main revisions cover four areas. First, overall requirements are clarified: layout design protection work must implement the Party and state intellectual property strategy, the scope of protection is expanded, and good faith is emphasized. Second, application and examination procedures are improved: false applications are regulated, material requirements are refined, rejection and revocation procedures are completed, and a rights restoration procedure is added. Third, protection of the exclusive right is strengthened: standards for defining the scope of the right are clarified and infringement damages are increased. Fourth, exploitation of layout designs is promoted: public services are enhanced, reward and remuneration measures are specified, and rules on transfer, licensing and pledging — as well as the exercise of rights by co-owners — are refined.

Huang Yunhua, deputy director of the intellectual property institute at the China Industrial Control Systems Cyber Emergency Response Team (a national industrial information security research center), told Xinhua that as transistor processes approach their physical limits and disruptive technologies such as photonics and quantum computing emerge, bringing such layout designs under protection is an accurate response to technological development.

In a Q&A released the same day, officials from the Ministry of Justice and CNIPA said the revision follows three guiding principles: implementing central decisions on strengthening IP rule-of-law safeguards; elevating proven practices concerning registration, protection and administration into administrative regulation; and aligning with related laws, regulations and international treaties. The officials noted the revision also supports China's broader goal, set out in the recently released 15th Five-Year Plan for Intellectual Property Protection and Utilization, of building a strong intellectual property nation.

Original Link: http://www.news.cn/tech/20260804/4aeecfec6bcc47d590050bd5afa671e7/c.html