IP monitor: Integrated circuit topographies (ICTs) in Canada – practical commentary

Integrated circuit topographies can be used to protect the three-dimensional configurations of electronic circuits embodied in integrated circuit products or layout designs, such as computer hardware. In 1993, the Integrated Circuit Topography Act and Integrated Circuit Topography Regulations came into force to extend protection to ICTs.

As Canada is investing further into developing artificial intelligence (AI)-computing infrastructure, ICTs may become of growing importance to support the Canadian AI ecosystem given increasing global competition and restrictions on exporting AI compute capacity and technology. High-performance computing for high-dimensionality machine learning models requires both investments into software and computing hardware, and different technology paradigms and platforms are yet to be developed to support future quantum computing hardware.

What are integrated circuit topographies?

ICTs are a complementary intellectual property (IP) right in addition to other related types of IP, such as copyrights, patents, and trade secrets. Copyrights can be used to protect the computer processor-executable instruction sets stored on the integrated circuits, and patents / trade secrets can be used to protect related inventions / confidential information, such as design architectures and manufacturing approaches.

ICTs provide protection for approximately 10 years from earlier of the filing date or the first commercial exploitation. It is important to file before two years after the first commercial exploitation as the office may reject an application after this date. The filing includes a complete set of overlay sheets, drawings or photographs of the topography, and certain confidential information can be redacted. These overlays can include renderings of the topography showing different chip placements and interconnections thereof for each layer.

The exclusive rights given to registered ICTs are provided under Subsection 3(2) of the Integrated Circuit Topography Act, namely in relation to an exclusive right to reproduce, manufacture an ICT product incorporating the topography or any substantial part thereof, and importation / commercial exploitation thereof.

Practical commentary

While there is limited caselaw specifically for ICTs in Canada, it is important to note that ICT protection arrived in Canada as part of World Trade Organization (WTO) deliberations, and it may be helpful to refer to case guidance from other countries as a guidepost. In the US, for example, courts have affirmed protection for logic groupings that were found to be protectable in decisions related to alleged infringement by copying of layout design of registered mask works. ICTs may be particularly useful against copycat companies, and may be used to block importation of infringing products.

Our IP team has recently prepared (alongside parallel US mask work filings) and successfully had granted ICT applications and can assist in preparing the forms and during the examination process. In our experience, the examination process for the ICT took approximately six weeks from filing to registration (issuance of the certificate of registration). For Canadian small-medium enterprises, support may also be available under government IP programs.

Additional reading

CIPO Official Fees (increased in 2025).

Consultations on Artificial Intelligence (AI) Compute.

Canada’s National Quantum Strategy.