Drafting And Enforcing Semiconductor Patents - January 12, 2016

Protecting semiconductor device and fabrication process inventions can be challenging. This is because showing that such inventions are being used by others often requires reverse engineering, a process that is costly and time consuming and that may not even show that an invention is being used. Patent drafters who do not fully understand the underlying technology can thus make enforcement of valuable semiconductor IP very difficult. We discuss below several issues relating to semiconductor patent enforcement, and several factors to consider when drafting semiconductor patent applications with an eye towards enforcement.

To enforce a patent, a patent owner needs to show that an accused product or process meets each element of a patent claim. For example, if a semiconductor device claim recites: "a metal-oxide-semiconductor device including: a source; a drain; and a gate structure," to show infringement, the accused product must include a device made of metal, oxide,