China Broadens 'Integrated Circuit' Definition to Bolster Chip IP Protections

China’s National Intellectual Property Administration (CNIPA) issued an expert opinion highlighting recent regulatory changes that redefine 'integrated circuits' within the country’s intellectual property framework. Authored by Guo He of the School of Intellectual Property at Renmin University of China, the opinion addresses the evolving landscape of chip technology and the implications for IP law.

Historically, integrated circuits have been legally defined worldwide as semiconductor-based devices. Guo notes that rapid advancements in photonic integrated devices and quantum chip technologies have prompted China to update its regulations. The new rules replace the term “semiconductor integrated circuit” with the broader “integrated circuit,” thereby explicitly including chips that incorporate photonic and quantum elements.

While this change may appear subtle—given that many integrated circuits still rely on semiconductor substrates—the revision signals a strategic shift in China’s intellectual property legislation. Guo emphasizes that this move reflects China’s departure from a conservative stance toward IP law, embracing a more expansive and forward-looking approach.

Internationally, the World Intellectual Property Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) defines an integrated circuit as a product with elements and interconnections formed on a material substrate intended to perform an electronic function. TRIPS also protects the layout designs of semiconductors, recognizing the significant investment required to develop proprietary chip layouts and the risks posed by copying.

China’s updated regulations aim to strengthen protection of chip layouts domestically and extend these protections to optical and quantum chip designs. This legal expansion is intended to provide Chinese chipmakers with enhanced tools to secure patents and resolve disputes regarding chip design origins.

Guo underscores the practical significance of the revised regulations, stating they are crucial for accelerating China’s ambition to build a strong intellectual property nation. The changes align with the government’s broader policy of fostering high-quality development across all sectors necessary for global competitiveness, including advanced semiconductor manufacturing.

Several leading Chinese technology companies, such as Alibaba, Huawei, Cambricon, and Loongson, have developed chips that compete robustly with those from U.S.-based firms. Strengthening IP protections for these domestic innovators is a strategic priority to safeguard against infringement by both domestic and foreign actors.

By broadening the legal scope of integrated circuits, China is positioning itself to better protect emerging chip technologies and support its semiconductor industry’s growth on the global stage. This regulatory evolution reflects a concerted effort to adapt intellectual property laws to the rapidly changing technological environment and to assert leadership in next-generation chip development.