# Semiconductor patent attorneys for chip and device startups > Flat-fee semiconductor patent attorney services for chip startups and device makers. Start with a $999 patentability search, refunded if it isn't patentable. Page: https://arapackelaw.com/industries/semiconductors/ Title: Semiconductor Patent Attorney for Chip and Device Startups Breadcrumb: [Home](https://arapackelaw.com/) / [Industries](https://arapackelaw.com/industries/) / [Semiconductors](https://arapackelaw.com/industries/semiconductors/) We protect the device, the process that makes it and the chip's name, filed before samples ship. One flat fee for each step. - $999 patentability search - No hourly billing - Registered patent attorneys ## For the people who design and make chips. From a fabless startup with its first tape-out to a supplier improving a process step, the work starts the same way. Find out what is new, then protect it before samples, papers or datasheets go out. - **Fabless chip startups** Teams designing processors, accelerators, memory and mixed-signal chips, protected before the first customer evaluation. - **Power and RF device makers** Transistors, diodes and modules in silicon, GaN and SiC, where a new structure or material is the advantage. - **Equipment and materials companies** Tools, chemistries and materials that make fabrication faster, cleaner or more precise. - **Packaging and test teams** Chiplets, advanced packaging, interconnects and test methods, from the substrate to the final module. ## Four things worth protecting in a chip. A semiconductor product carries several layers of protection. A patent on the device and how it is made, a design patent on how a package looks and a trademark on its name each stop a different kind of copy. The layout itself has its own right as a mask work. ### The device and the circuit (utility patent) New transistor and memory structures, circuit designs and chip architectures. Claims are written around what your design does better than what ships today, such as lower leakage, higher density or less heat. - Device structures and materials - Analog and mixed-signal circuits - Memory cells and arrays - Processor and accelerator architectures ### How it is made and packaged (utility patent) Fabrication and packaging methods, claimed as process steps, along with the structure they produce, so a competitor has to avoid both the method and the result. - Lithography, etch and deposition - Process flows and integration - Chiplets and advanced packaging - Test and inspection methods ### The look of the package (design patent) The ornamental design of a chip package, a module, a heat spreader or a development board, protected for 15 years from grant. - Packages and modules - Heat spreaders and lids - Evaluation boards Covered by The RLG Guarantee (USPTO denies it, full refund). ### The chip and company name (trademark) Clear and file the product family name before it goes on datasheets, packages and design wins, so the name engineers specify is one you can keep. - Chip and product family names - Company names - Logos Covered by The RLG Guarantee (Approved, or your money back). **Some things stay secret.** Process recipes, tool settings, yield data and test results no one can learn from the finished chip may be worth more as trade secrets than as published patents. Your attorney tells you which on your first call. ## Search, provisional, utility. Flat fees at every step. Every step is quoted before any work begins, and the search fee is credited toward a design or non-provisional application. Most chip founders file a provisional before samples, a conference paper or a public datasheet, then the full application within 12 months. ### Start here, Patentability search **$999** flat fee. Patentable or your money back. Credited toward a design or non-provisional application. Report in about 5 days. - An invention discovery call with your attorney - A search of US and foreign patents and published applications - A written patentability report and a review call Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Not patentable, full refund). ### Then, Provisional patent **$2,500 to $3,500** flat fee. . Patent pending the day it is filed. - A strategy call to capture how the device works - Cross sections and process diagrams included - You review and approve it before filing Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Patentability issues, full refund). ### Within 12 months, Non-provisional patent **$7,000 to $12,000** flat fee. Drawings and USPTO filing fees included. Filed before your 12-month deadline. - Device and method claims written for examination - Formal drawings and USPTO filing fees - Complex devices quoted flat on your call Flat fee, not covered by the guarantee. ### Alongside the patent - **Design patent, $3,200.** For the package or module, office actions included. Covered by The RLG Guarantee. - **Trademark, $2,000.** For the chip or company name, USPTO fee for one class included. Covered by The RLG Guarantee. ## Patent the device. Register the layout. Time both. A patent decides who can make and sell the device or use the process. A mask work registration protects the chip's layout itself from copying. Each one starts its own clock, and samples, papers and the first sale start them. ### Patent, who can make and sell it 1. **Search** ($999). What is already out there? 2. **Provisional** (File first). Patent pending, before samples ship 3. **Full application** (Month 12). Within 12 months 4. **Examination** (USPTO). The USPTO reviews the claims 5. **Granted**. Rights you can enforce ### Chip, when others see it 1. **Design and tape-out** (Keep it in-house). Architecture, layout and mask set 2. **Foundry and samples** (Use an NDA). Wafers, packaging and first silicon 3. **Papers and datasheets** (Disclosure risk). Conferences, customers and the web 4. **First sale** (2-year window). Mask work protection begins 5. **Register the mask work**. With the US Copyright Office **File before samples ship.** An evaluation board sent to a customer, a conference paper, a public datasheet or a product announcement can make an invention public. The US gives you one year after your own disclosure, but most other countries do not. File at least a provisional first. - **The layout is its own right.** Under the Semiconductor Chip Protection Act, a chip's mask work is protected for 10 years from registration or first commercial use, whichever comes first, and must be registered within 2 years of that first use. It stops copying of the layout, not a different layout that does the same thing, so the device still needs a patent. [Copyright, patent or trademark](https://arapackelaw.com/patents/copyright-vs-patent-vs-trademark/) - **Process or secret.** A fab recipe no one can learn from the finished chip may be worth more as a trade secret. When a process is patented in the US, importing chips made with it abroad, or selling them here, can still infringe, which makes process claims worth filing when you can detect their use. [Examples of trade secrets](https://arapackelaw.com/intellectual-property/examples-of-trade-secrets/) - **Crowded fields reward a search.** Transistors, memory and packaging have decades of patents and papers behind them. A search before drafting shows what is already known, so the claims cover what is actually new in your device or process. [How prior art can help your idea](https://arapackelaw.com/patents/can-you-patent-something-that-already-exists/) *General information, not legal advice. Mask work rules, filing deadlines and foreign protection depend on the product, where it is made and where it is sold.* ## Services for semiconductor companies. One firm for the patent, the brand and the agreements around them. - [Utility patents](https://arapackelaw.com/patents/utility-patents/) (Markdown https://arapackelaw.com/patents/utility-patents.md). Protect the device and how it is made. - [Provisional patents](https://arapackelaw.com/patents/provisional-patents/) (Markdown https://arapackelaw.com/patents/provisional-patents.md). Patent pending before samples ship. Covered by The RLG Guarantee. - [Design patents](https://arapackelaw.com/patents/design-patents/) (Markdown https://arapackelaw.com/patents/design-patents.md). Protect how the package looks. Covered by The RLG Guarantee. - [Trademarks](https://arapackelaw.com/trademarks/) (Markdown https://arapackelaw.com/trademarks.md). Register the chip and company name. Covered by The RLG Guarantee. - [Patent office actions](https://arapackelaw.com/patents/patent-office-actions/) (Markdown https://arapackelaw.com/patents/patent-office-actions.md). Answer the examiner with a plan. - [Technology transfer agreements](https://arapackelaw.com/technology-transfer-agreements/) (Markdown https://arapackelaw.com/technology-transfer-agreements.md). Move technology between foundries, partners and universities. - [Non-disclosure agreements](https://arapackelaw.com/non-disclosure-agreements-ndas/) (Markdown https://arapackelaw.com/non-disclosure-agreements-ndas.md). Share with foundries and customers on your terms. - [Patent litigation](https://arapackelaw.com/ip-litigation/patent-litigation/) (Markdown https://arapackelaw.com/ip-litigation/patent-litigation.md). Enforce or defend a semiconductor patent. ## Before you file. ### Can a chip design be patented? Yes. New device structures, circuits, architectures, materials and fabrication or packaging methods can be patented when they are new and not obvious. The field is crowded, so claims focus on what your design does that earlier ones do not, which is why the work starts with a search. ### What is a mask work, and how is it protected? A mask work is the three-dimensional pattern of the layers on a chip. The Semiconductor Chip Protection Act protects it for 10 years from registration or first commercial use, whichever comes first, if it is registered with the US Copyright Office within 2 years of first commercial use. It covers copying of the layout, while others may still study a chip to design their own. ### Should a fabrication process be patented or kept secret? If competitors cannot learn the process from the finished chip and you cannot tell when they use it, a trade secret can last as long as it stays secret. If the process leaves evidence in the product, or chips made with it may be imported or sold in the US, a patent is often the better fit. Your attorney weighs it with you on the first call. ### When should we file a semiconductor patent? Before anything leaves your team without an NDA. Samples, evaluation boards, conference papers, public datasheets and product announcements can make an invention public. The US gives inventors one year after their own disclosure, but most other countries require filing first, so a provisional keeps both options open. ### Utility patent, design patent or mask work for a chip? They protect different things. A utility patent protects how the device works and how it is made. A design patent protects how a package or module looks. A mask work registration protects the layout from copying. Many chip companies use all three. ### How much does a semiconductor patent cost with your firm? Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. A design patent is $3,200. Every fee is quoted before work begins, and the search fee is credited toward a design or non-provisional application. ### What does The RLG Guarantee cover for semiconductor inventions? The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter. ## Your attorneys - [Andrew Rapacke](https://arapackelaw.com/learn-more/the-team/andrew-rapacke/), Managing Partner, Registered Patent Attorney. Electrical and computer engineering. Former Naval Engineering Officer. - [Ken Brooks](https://arapackelaw.com/team/ken-brooks/), Registered Patent Attorney. Software, AI and machine learning, electrical and mechanical systems. Meet the team at https://arapackelaw.com/learn-more/the-team/ ## Go deeper before you file. - [Can You Patent Something That Already Exists? How to Use Prior Art to Strengthen (Not Kill) Your Idea](https://arapackelaw.com/patents/can-you-patent-something-that-already-exists/) - [How to Write Patent Claims That Actually Protect Your Invention](https://arapackelaw.com/patents/how-to-write-claims/) - [It’s Not Always Obvious to Combine Prior Art](https://arapackelaw.com/patents/not-always-obvious-combine-prior-art/) - [5 Examples of Trade Secrets and How They Fit into Your Intellectual Property Strategy](https://arapackelaw.com/intellectual-property/examples-of-trade-secrets/) - [What is Provisional Patent Application: The Inventor’s Fast-Track Guide](https://arapackelaw.com/patents/what-is-provisional-patent-application/) - [Copyright vs Patent vs Trademark – What’s The Difference and Which Is Right For You?](https://arapackelaw.com/patents/copyright-vs-patent-vs-trademark/) [All articles](https://arapackelaw.com/learning-center/) ## Other industries - [3D printing](https://arapackelaw.com/industries/3d-printing/) (Markdown https://arapackelaw.com/industries/3d-printing.md). Printers, processes, materials and the products they make. - [Aerospace](https://arapackelaw.com/industries/aerospace/) (Markdown https://arapackelaw.com/industries/aerospace.md). Aircraft, drones and spacecraft, protected before the first public flight. - [AI and machine learning](https://arapackelaw.com/industries/ai-machine-learning/) (Markdown https://arapackelaw.com/industries/ai-machine-learning.md). Models, training methods and the AI features inside your product. - [Autonomous vehicles](https://arapackelaw.com/industries/autonomous-vehicles/) (Markdown https://arapackelaw.com/industries/autonomous-vehicles.md). Sensing, navigation and control systems for vehicles that drive themselves. - [Blockchain](https://arapackelaw.com/industries/blockchain/) (Markdown https://arapackelaw.com/industries/blockchain.md). Protocols, wallets and the technical methods behind decentralized products. - [Computer hardware](https://arapackelaw.com/industries/computer-hardware/) (Markdown https://arapackelaw.com/industries/computer-hardware.md). Components, peripherals and the systems that tie them together. - [Consumer electronics](https://arapackelaw.com/industries/consumer-electronics/) (Markdown https://arapackelaw.com/industries/consumer-electronics.md). Devices people carry and use every day, from how they work to how they look. - [Consumer products](https://arapackelaw.com/industries/consumer-products/) (Markdown https://arapackelaw.com/industries/consumer-products.md). Everyday products and the brands on them, protected before launch. - [Cybersecurity](https://arapackelaw.com/industries/cybersecurity/) (Markdown https://arapackelaw.com/industries/cybersecurity.md). Security software and hardware, and what to patent or keep secret. - [Defense](https://arapackelaw.com/industries/defense/) (Markdown https://arapackelaw.com/industries/defense.md). Defense technology, planned around contracts and export rules. - [Digital health](https://arapackelaw.com/industries/digital-health/) (Markdown https://arapackelaw.com/industries/digital-health.md). Telehealth, remote monitoring and health apps, built around patient data. - [E-commerce](https://arapackelaw.com/industries/ecommerce/) (Markdown https://arapackelaw.com/industries/ecommerce.md). Online brands and Amazon sellers, from the trademark to the product itself. - [Electrical hardware](https://arapackelaw.com/industries/electrical/) (Markdown https://arapackelaw.com/industries/electrical.md). Power electronics, controls, sensors, batteries and motors, from circuit to system. - [Energy and clean tech](https://arapackelaw.com/industries/energy/) (Markdown https://arapackelaw.com/industries/energy.md). Batteries, solar, storage, charging and the grid, from the cell to the system. - [Fintech](https://arapackelaw.com/industries/fintech/) (Markdown https://arapackelaw.com/industries/fintech.md). Payments, lending and trading technology, claimed as technical improvements. - [Gaming](https://arapackelaw.com/industries/gaming/) (Markdown https://arapackelaw.com/industries/gaming.md). Game engines, mechanics, controllers and titles, protected before the reveal. - [Medical devices](https://arapackelaw.com/industries/medical-devices/) (Markdown https://arapackelaw.com/industries/medical-devices.md). Devices, diagnostics and software as a medical device, timed with the FDA. - [Robotics](https://arapackelaw.com/industries/robotics/) (Markdown https://arapackelaw.com/industries/robotics.md). Robots, grippers and the software that moves them, protected before the pilot. - [Software and SaaS](https://arapackelaw.com/industries/software-saas/) (Markdown https://arapackelaw.com/industries/software-saas.md). The methods your platform performs, protected however the code is written. - [Sporting goods](https://arapackelaw.com/industries/sporting-goods/) (Markdown https://arapackelaw.com/industries/sporting-goods.md). Equipment and gear, from how it performs to the design customers recognize. ## Next steps - [Book a free strategy call](https://arapackelaw.com/contact-us/) with a registered patent attorney, or call (954) 951-0154 - [Take the Intelligent IP Quiz](https://arapackelaw.com/intelligent-ip-quiz/) to see what to protect first - [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/), the refund promise on four services General information, not legal advice.