Key Takeaways

  • Semiconductor patents are crucial for protecting innovations in chips, memory devices, and solid-state technologies.
  • Global semiconductor patent applications are rising, driven by AI, 5G, and electric vehicle industries.
  • The U.S., Taiwan, China, and the EU remain major hubs for semiconductor patent filings.
  • The CHIPS Act in the U.S. and similar EU initiatives emphasize the strategic importance of domestic patent portfolios.
  • While patent volume indicates growth, true innovation depends on quality, research intensity, and commercialization.
  • Trade secrets, anti-counterfeiting measures, and litigation reforms are vital for sustaining innovation.

Semiconductor (Memory Chips) Patents

Semiconductor patents, those that protect the invention of new computer memory chips, are among the most commonly granted modern patents. Memory chips represent more than 53,000 granted patents and more than 42,600 applications divided into more than 31,200 separate patent families. The United States, Taiwan, and the World Intellectual Property Organization (WIPO) have filed the most semiconductor patents: 43,432 in the United States, 5,961 from Taiwan, and 4,799 from WIPO. Most of these patents are for semiconductor devices, static stores, electric digital data processing, and electric solid state devices. Macronix, Micron Technology, and Advanced Micro Devices are the companies that have filed the most patents in these areas.

In the semiconductor industry, about 1 patent is granted for every 0.804 applications (a 1.245 grant to application ratio). The global industry has gone through radical changes in recent years, including large-scale consolidation spurred by technological advancement and economic pressures. However, it's clear that patents for semiconductors and related technologies will continue to be profitable. Some businesses will sell off patents for assets that are no longer relevant to their business after restructuring or consolidation.

Global Growth in Semiconductor Patent Filings

In recent years, semiconductor patent filings have grown at an accelerated pace worldwide. In 2023 alone, more than 81,000 semiconductor patent applications were filed globally, representing a 22% increase over the previous year. This surge has been fueled by the rapid expansion of artificial intelligence, 5G infrastructure, renewable energy technologies, and electric vehicles—all of which rely heavily on advanced chips.

Asian jurisdictions, particularly China, Taiwan, and South Korea, have seen sharp increases in filings, positioning themselves as global leaders in semiconductor intellectual property. The United States remains a critical hub for patent activity, but the competition is intensifying as governments worldwide invest heavily in domestic semiconductor R&D.

Valuable Semiconductor Patents

Some of the most important and valuable patents in the semiconductor industry include:

  • A patent that reduces the effects of erase disturbance in a memory chip or device
  • A system that starts up a device with programmable array logic that allows addresses and other data to be sent in a specific sequence
  • Bit line structures for microelectronic devices and fabricating methods for these devices
  • A system for syncing memory operations among memory components housed in several different places
  • A method for creating a small contact area between electrodes

Patent Trends Across Technologies

Beyond memory chips, semiconductor patents now cover a broad spectrum of technologies:

  • AI Hardware Acceleration – Specialized processors for machine learning and neural networks are seeing record-high filings.
  • Power Semiconductors – Innovations in energy-efficient chips for electric vehicles and renewable power systems are increasingly patented.
  • 5G and Connectivity – High-frequency semiconductors critical to mobile infrastructure are heavily protected by patents.
  • Quantum Computing – Early-stage patents for quantum chip design signal the future direction of semiconductor innovation.

These trends demonstrate that the value of a semiconductor patent extends beyond traditional consumer electronics, influencing industries such as automotive, aerospace, and national defense.

The Semiconductor Industry Patent Scorecard

In 2016, the top 10 semiconductor companies were as follows: Intel, Micron, Broadcom, IBM, Texas Instruments, Samsung, Hitachi, Toshiba, Semiconductor Energy Lab, and AMD. These companies were evaluated on the strength of their science, their research intensity, and the length of innovation cycle time. While Intel outranks Micron when it comes to innovation cycle and performance in the stock market, Micron ranks higher than Intel in the area of research intensity.

Tying innovation to patent activity is not always the best approach. This means that the companies who own the most patents are not necessarily the most innovative, and the most creative companies don't necessarily have the best stock market performance. For example, while Intel has long been considered the industry leader in innovation, their stock price has fallen by 1.3 percent since last year, while Micron's stock has fallen by almost 23 percent in the same period. Companies that rank lower on the scorecard tend to show stellar stock performance over the same time period.

U.S. and EU Patent Landscape Post-CHIPS Act

The passage of the U.S. CHIPS and Science Act has intensified the focus on semiconductor patents as a matter of national security and economic stability. The Act allocates billions toward domestic chip production and innovation, making patent protection an essential tool for safeguarding taxpayer-backed R&D.

In the European Union, parallel initiatives aim to strengthen the bloc’s share of semiconductor production, with the European Chips Act setting similar goals. These policies emphasize the need for strong domestic patent portfolios to prevent overreliance on foreign technologies.

Companies seeking funding or incentives under these programs often need robust patent strategies to qualify, making intellectual property management a central element of industrial policy.

Semiconductor Industry Association (SIA)

This association supports the protection of intellectual property through patents along with other innovation-spurring policies. They feel that the industry's success — and American success in the industry — requires a strong patent system along with diligent protection of trade secrets. To this end, the SIA has developed an agenda for anti-counterfeiting. Members of the SIA spend about 20 percent of their revenue on research and development, much of which results in patent-protected inventions. Several members are annually among the top U.S. patent awardees, including three of the top five recipients in 2015 and 48 percent of the total patents granted to the top 15 companies that same year.

For these reasons, SIA members are concerned about abusive litigation that raises the costs of legitimate patent litigation. This harms innovation by requiring research funds to be used for litigation. Current procedures to stop abusive patent litigation are not effective. The SIA encourages the courts to take steps to modify these procedures to stop abusive patent litigation, and believes that Congress should also take action on this issue. The organization is also supportive of new laws that award attorney fees and costs to patent owners who prevail in legal challenges, such as a modification of an existing law by which these costs are only awarded in exceptional cases. They also encourage the courts to impose new requirements and mechanisms to prevent abusive patent litigation, such as streamlining these cases. 

Patent Enforcement and Litigation Challenges

While patents provide powerful protection, enforcement in the semiconductor sector remains complex. Patent litigation can be costly, and global supply chains often involve multiple jurisdictions with varying legal standards. Non-practicing entities (sometimes called “patent trolls”) have also targeted semiconductor companies, raising litigation costs and slowing innovation.

Efforts to streamline litigation include:

  • Calls for courts to impose stricter rules on abusive filings.
  • Proposals to expand attorney fee awards in successful defenses.
  • Industry-led initiatives to share prior art databases to limit frivolous claims.

For semiconductor firms, a well-crafted patent enforcement strategy is as important as filing patents themselves.

Frequently Asked Questions

  1. Why are semiconductor patents important?
    They protect innovations in chip design and manufacturing, helping companies maintain competitive advantage and recover R&D costs.
  2. Which countries file the most semiconductor patents?
    The U.S., China, Taiwan, South Korea, and the EU are major hubs for filings, reflecting their strong semiconductor industries.
  3. How has the CHIPS Act affected semiconductor patents?
    It has increased focus on building strong U.S. patent portfolios to secure domestic production and reduce reliance on imports.
  4. What industries rely most on semiconductor patents?
    Beyond consumer electronics, key industries include automotive (EVs), renewable energy, aerospace, telecommunications, and AI.
  5. What challenges exist in enforcing semiconductor patents?
    Enforcement is complicated by global supply chains, high litigation costs, and the presence of non-practicing entities.

If you need help with a semiconductor patent application, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.