I received a plethora of e-mails regarding my recent article, entitled "Semi IP sector is a lost cause"
Then, I asked for the IP vendors themselves -- or others -- to respond to a set of questions. Here's one letter to the editor:
Editor,
Just reading your article brings me to a subject that
annoys almost small semiconductor firms: Nowaday, the
equipment vendors sell their tools without
transferring to the buyer the right to use the
process.
Normally a tool is "qualified" using a "standard
process" from the supplier with minor modification.
But there is a problem that arises since a lot of
processes, chemistries have been patented and claims
in the patents are often overlapped each other. This
is extremely difficult to know exactly what is free of
infringement of not.
It is a "Catch 22" case; the buyer gets a piece of
equipment and can not use for the manufacturing of its
product since the process is not free of patent
infringement. Obviously it is not a problem for "big
guys" since they have ton of patents and can fight
against any attack (here wins obviously the weight of
the patent portfolio), but rather a problem for
midsize and small companies.
Is there any solution for that to:
1. Clarify a priori the claims of the patents for a
certain process.
2. Classify the patents in different categories to
avoid misleading or overlapping claims: Generic,
improvement and hardware related one. This is because
I think generic patents concern all, improvement and
hardware related ones only concern certain tools or
specific structures used.
3. Put more responsibility to the supplier since a
tool which can not be used for manufacturing is a
"joke"
4. To reduce the cost in semiconductor involved in
patent infringement war.
Best regards,
Tuan Pham
IC Manufacturing
EM Microelectronic Marin
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