China has altered its legal definition of semiconductors to encompass photonic and quantum technologies, according to an expert opinion published yesterday by the National Intellectual Property Administration. The document, written by Guo He from the School of Intellectual Property at Renmin University of China, explains that Beijing has replaced references to "semiconductor integrated circuit" with simply "integrated circuit" in its regulations governing intellectual property laws as they apply to chips. The change extends China's intellectual property protections to chips that incorporate photonic and quantum components, not just traditional semiconductor materials.
The revision comes as photonic integrated devices and quantum chip technology develop rapidly, with optoelectronic chips already seeing widespread use in certain areas, according to Guo. Laws currently in force globally define integrated circuits as semiconductors, but China's updated regulations now cover a broader range of chip types. The World Intellectual Property Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIP) defines an integrated circuit as a product in which elements, including at least one active element, and some or all interconnections are integrally formed in or on a piece of material and is meant to perform an electronic function. That international definition could potentially extend to optical and quantum components, though China's new rules make the coverage explicit.
Guo characterizes the change as significant beyond its surface-level appearance. "It demonstrates China's attitude towards intellectual property legislation today: we are no longer conservatives in the intellectual property system," he wrote. The revision's primary goal is to strengthen China's layout protection laws—which safeguard the proprietary arrangement of elements on a silicon die—and extend those protections to chips containing optical or quantum elements, according to the expert opinion. Guo states that Chinese chipmakers require additional intellectual property protection, and the updated regulation will assist in determining patents and resolving disputes about chip design origins.
The strengthened protections matter because creating a chip layout demands considerable time and money, while copying a layout offers a shortcut for chip design. China's revision shields domestic chipmakers from both local and foreign copycats, a move that aligns with the government's push to build capabilities across all sectors an advanced nation needs to compete globally—including semiconductor development and manufacturing in every form. Multiple Chinese companies, including Alibaba, Huawei, Cambricon, and Loongson, have created chips that compete effectively with products from US-based competitors. The changed regulations carry "important practical significance for accelerating the construction of a strong intellectual property nation and meeting the needs of high-quality development," Guo concluded, referring to Beijing's policy of advancing domestic capabilities in strategic industries. The redefinition positions China's intellectual property framework to accommodate emerging chip technologies while reinforcing legal barriers against design theft. For global chipmakers, the shift signals that Beijing intends to shape international standards around next-generation semiconductors rather than simply follow existing frameworks established by Western institutions.