The legal regime of microelectromechanical systems: the inapplicability of the integrated circuit layout design protection model

the article analyzes the legal nature of microelectromechanical systems (MEMS) and substantiates the impossibility of their protection under the special legal regime similar to that for integrated circuit (IC) layout designs. The author demonstrates that, despite the similarity of basic manufacturing processes, MEMS and ICs are fundamentally different objects: while ICs are static electronic circuits, the value of MEMS lies in their microscopic movable mechanical elements that perform functions of interacting with the physical world. Based on a detailed comparative analysis of legal approaches in the USA, EU, Japan and China, the article proves the absence of a special registration system for MEMS in world practice. In all jurisdictions studied, the protection of MEMS is provided by the classical instruments of patent law, which ensure legal protection of their functional essence, as well as by the trade secret regime (know-how).The work reveals significant risks of erroneous registration of MEMS as IC layout designs that have emerged in Russian law enforcement practice since 2014, including the disproportionality of the scope of protection provided, legal uncertainty and devaluation of the special legal institution. It is concluded that the existing patent law framework is adequate and effective for the protection of MEMS, and no special regime is required for them. In conclusion, measures are proposed to adjust law enforcement practice and amend the Administrative Regulations for the Registration of Layout Designs, aimed at eliminating legal uncertainty and redirecting developers toward
patent protection. The research is of a comprehensive interdisciplinary nature. Its methodological basis is a synthesis of comparative legal and technical-legal analysis, supported by dogmatic and systemic approaches. This allows not only to ascertain the current state of affairs, but also to identify cause-and-effect relationships between technology and law, offering convincing practical conclusions. The article will be useful for developers and engineers to understand the consequences of choosing a method for protecting technologies and to build an intellectual property protection strategy; for patent attorneys and lawyers as a methodological guide for distinguishing between IC layout designs and MEMS objects; for managers and investors to assess the value of patent portfolios and minimize risks when financing MEMS developments; for lecturers and students as educational material demonstrating an interdisciplinary approach to the protection of new technologies.

1. Telecommunication (2025), New research and development in the field of MEMS technologies and microsystems

2. creation. available at: https://elsv.ru/novye-issledovaniya-i-razrabotki-v-oblasti-mems-tekhnologij-i-sozdaniyamikrosistem/ (Accessed 27 March 2026).

3. Dai, Z.-X., Takahito, O. and Ching-Liang, D. (2026), “Editorial for the Special Issue on MEMS/NEMS Devices

4. and Applications, 3rd Edition” Micromachines, vol. 17,

5. no. 2: 205. available at: https://www.mdpi.com/2072-

6. X/17/2/205 (Accessed 27 March 2026).

7. Danilina, E. A., Kashchitskaya, V. Yu. and Kulikovsky, V. A.

8. (2020), “Microelectromechanical systems as a new

9. object of intellectual rights”, Patentnyj poverennyj, no 6.

10. pp. 2–8.

11. Sergeev, A. P. (2004), Intellectual property law in the Russian Federation: a textbook for universities specializing

12. in 021100 “Jurisprudence”, 2nd ed., Prospekt, Moscow,

13. Russia. ISBN 5-98032-319-8.

14. Gavrilov, E. P. and Danilina, E. A. (2005), “Integrated circuit topologies: security features”, Patents and Licenses,

15. no. 7. pp. 2–8.

16. Gorodov, O. A. (2005), “Legal model of the exclusive

17. right to the topology of an integrated circuit”, Patents

18. and licenses. Intellectual property rights, no. 3. pp. 2–8.

19. Semenyuta, B. E. (2023), “Does the legal regulation of

20. integrated circuit topologies meet the challenges of the

21. modern world?” Patents and licenses. Intellectual property

22. rights, no. 10, pp. 16–30.

23. Belous, A. I. and Chizhik, S. A. (2024), MEMS: constructions, technologies, applications., TECHNOSPHERE Publ.,

24. Moscow, Russia. – ISBN 978-5-94836-688-3.

25. Stern, R. H. (1986), “The Semiconductor Chip Protection

26. Act of 1984: The International Comity of Industrial Property Rights’ Berkeley Journal of International Law, vol. 3,

27. no. 2, pp. 273–310.

28. Mostovshchikov, A. V. and Churilov, A. Yu. (2025), Topology of integrated circuits: features of the legal regime,

29. Justicinform, Moscow, Russia. – ISBN 978-5-7205-2140-0.