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, Third Edition the masks in which portions maintained under a claim of trade secrecy are blocked out, provided that the remaining portions are greater than the blocked out portions. 37 C.F.R.§ 211.5 (c)(1).

1213.3 ID Material for Mask Works That Have Not Been Commercially Exploited: Mask Work Contains More Than Twenty Percent of Intended Final Form

If a mask work has not been commercially exploited and if the contribution in which registration is sought represents twenty percent or more of the area of the intended final form, the applicant is required to submit one full set of either plastic color overlays or composite plots of each layer of the semiconductor chip product. In addition, the applicant may deposit up to four representations of the most complete form as fixed in a chip product, although chips (dies) are not required for registration. 37 C.F.R. § 211.5(b)(2)(i).

NOTE: Regarding the visually perceptible representations, the applicant may elect to deposit plastic color overlays, composite plots, or photographs of each layer of the mask work, and any combination thereof.

1213.4 Mask Works Not Commercially Exploited Containing Trade Secrets

If a mask work that has not been commercially exploited contains trade secrets, the ID material should consist of:

• Special "identifying portions" (defined below) for any layer or layers in which trade secrecy is claimed; and

• A single photograph of the top or other visible layers of the mask work with the sensitive information maintained under a claim of trade secrecy blocked out, provided the blocked out portions do not exceed the remaining portions.

The identifying portions should consist of (i) a printout of the mask work design data pertaining to each withheld layer, reproduced in microform, or (ii) visually perceptible representations (plastic color overlays, composite plots) in which portions maintained under a claim of trade secrecy are blocked out, provided that the portions remaining are greater than the portions blocked out. 37 C.F.R. § 211.5(b)(2)(h).

1213.5 Mask Works Not Commercially Exploited: Mask Work Contains Less Than Twenty Percent of Intended Final Form

Where the mask work for which registration is sought represents less than twenty percent of the area of the intended final form of the chip product, the deposit must include a visually perceptible representation of the work that reveals the totality of the mask work contribution to a person trained in the state of the art. The representation may consist of any combination of the following:

• Plastic color overlay sheets.

• Drawings or plots in composite form.

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