Item 1. Business
Item 1.
Business
Company Overview
We are engaged in the
business of developing, commercializing and licensing proprietary materials, processes and technologies for the $450+ billion semiconductor
industry. Our lead technology, named Mears Silicon Technology TM , or MST ® , is a thin film of reengineered
silicon, typically 100 to 300 angstroms (or approximately 20 to 60 silicon atomic unit cells) thick. MST can be applied as a transistor
channel enhancement to CMOS-type transistors, the most widely used transistor type in the semiconductor industry. MST is our proprietary
and patent-protected performance enhancement technology that we believe addresses a number of key engineering challenges facing
the semiconductor industry. We believe that by incorporating MST, transistors can be smaller, with increased speed, reliability
and energy efficiency. In addition, since MST is an additive and low-cost technology, we believe it can be deployed on an industrial
scale, with equipment commonly used in semiconductor manufacturing. We believe that MST can improve existing products due to the
physical properties of the film and can also enable customers to design products with performance, power and scaling characteristics
that are not possible using their current process technologies. We believe that MST can be widely incorporated into the most common
types of semiconductor products, including analog, logic, optical and memory integrated circuits.
We do not intend to
design or manufacture integrated circuits directly. Instead, we develop and license technologies and processes that we believe
offer the designers and manufacturers of integrated circuits a low-cost solution to the industry’s need for greater performance
and lower power consumption. Our customers and partners include:
·
foundries, which manufacture integrated circuits on behalf of fabless manufacturers;
·
integrated device manufacturers, or IDMs, which are the fully integrated designers and manufacturers of integrated circuits;
·
fabless semiconductor manufacturers, which are designers of integrated circuits that outsource the manufacture of their chips to foundries;
·
original equipment manufacturers, or OEMs, which manufacture the epitaxial, or EPI, deposition machines used to deposit semiconductor layers, such as the MST film onto the base silicon wafer; and
·
electronic design automation companies, which make tools used throughout the industry to simulate the performance of semiconductor products using different materials, design structures and process technologies.
We currently generate
revenue through licensing arrangements whereby our customers initially pay us a fee for an integration license that provides them
the right to use MST technology in the manufacture of silicon wafers for internal testing and sampling. Our goal is for each integration
license agreement to be the first of a three-stage licensing process with the customer, with the first integration stage to be
followed by one or more agreements granting them manufacturing and distribution licenses (the second and third stages, respectively).
We expect that agreements granting manufacturing and distribution licenses will provide for substantially larger upfront license
fee payments than the integration licenses and distribution agreements will require licensees to make royalty payments to us based
on the number and sales price of MST-enabled products they sell to their customers. We also generate revenue through engineering
services provided to customers during their evaluation of MST technology.
Starting in 2019,
we began to develop deeper relationships with several large potential customers who were evaluating MST across multiple manufacturing
processes and product lines. Accordingly, we have begun proposing an engagement format called a joint development agreement, or
JDA, to certain customers. We expect that JDAs will be customized to a particular customer’s goals but that generally they
will include development, manufacturing and licensing components.
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In January 2021 we
entered into a JDA with a leading semiconductor provider for integration of our MST technology into their manufacturing process.
The JDA includes the grant of an upfront, paid manufacturing license allowing the customer to install the recipe for our MST film
into a tool in their fab and to fabricate semiconductor wafers incorporating MST for use in their products, as well as development
milestones that, if achieved, could result in additional revenue to Atomera. Although this JDA does not confer commercial distribution
rights, we believe that successful execution would be a significant step toward commercialization and provide opportunities for
additional license revenues and potential royalty streams from one or more of our customer’s multiple production lines.
In September and October
2018, respectively, we entered into separate integration license agreements with Asahi Kasei Microdevices, or AKM, and STMicroelectronics,
or ST, both of which are leading IDMs. In October 2019, we entered into an integration license agreement with a leading fabless
RF semiconductor provider. Under the integration license agreements, these customers have each agreed to pay us for the right to
evaluate MST technology which is integrated onto their semiconductor wafers. We deposit MST onto the customers’ wafers and
the customer has the right under the license agreement to complete the manufacturing process which enables them to evaluate our
technology. These agreements do not grant the customer the right to deposit MST at their site or to sell products incorporating
MST.
We believe the initial
application of our MST will be for CMOS integrated circuits, the most widely used type of integrated circuits in the semiconductor
industry. As applied to CMOS-type transistors, MST functions as a transistor channel enhancement. We believe MST has the potential
to overcome the key challenges found in the implementation of next generation nano-scale semiconductor devices incorporating CMOS
type transistors, namely enhancing drive current, reducing gate leakage and reducing variability. In addition, we believe that
MST has the potential to deliver these benefits through a single technology that requires relatively minor modifications to the
industry standard CMOS manufacturing flow. Consequently, we believe that by incorporating MST, designers can make transistors with
increased speed, reliability and energy efficiency, without significantly altering the current fabrication process or cost of production.
We were organized as
a Delaware limited liability company under the name Nanovis LLC on November 26, 2001. On March 13, 2007, we converted to a Delaware
corporation under the name Mears Technologies, Inc. On January 12, 2016, we changed our name to Atomera Incorporated. Shares of
our common stock are listed on the NASDAQ Capital Market under the symbol “ATOM”.
Industry Overview
Semiconductors, Generally
Recent years have
seen a remarkable proliferation of consumer and commercial products, especially in wireless, automotive and mobile electronic
devices. The growth of the Internet and cloud computing has provided people with new ways to create, store and share information.
At the same time, the increasing use of electronics in cars, buildings, appliances and other consumer products is creating a broad
landscape of “smart” devices and the evolution of wearable technologies and The Internet of Things. Due to the popularity
of mobile devices and other electronic products, there is increasing demand for integrated circuits and systems with greater functionality
and performance, reduced size, and much less power consumption as key requirements. During 2020, the global COVID-19 pandemic
accelerated trends toward remote work, cloud computing and mobile devices. These trends coincided with the rollout of 5G cellular
networks and 5G-enable devices.
These developments
depend, in large part, on integrated circuits, or microchips, which are sets of electronic circuits on a single chip of semiconductor
material, normally silicon. It is common for a single semiconductor chip to combine many components (processor, communications,
memory, custom logic, input/output) resulting in highly complex chip designs. Transistors are the building blocks of integrated
circuits and the most complex semiconductor chips today contain more than a billion transistors, each of which may have features
that are much less than 1/1,000 th the diameter of a human hair.
The most widely used
transistors in semiconductor chips today are based on CMOS technology. Among its many attributes, CMOS allows for a higher density
of transistors on a chip and lower power usage than non-CMOS technologies.
The Pursuit of Increased Semiconductor Performance
For years, the semiconductor
industry was able to almost double the number of transistors it could pack into a single microchip about every two years, a rate
of improvement commonly known as “Moore’s Law.” The semiconductor industry uses the term “node” to
describe the minimum line width or geometry on a semiconductor chip, expressed in nanometers, or nm, for today’s technologies.
Historically, the smaller the node, the smaller the transistors and the more closely they are packed together, producing chips
that are denser and thus less costly on a per-transistor basis. Frequently, smaller nodes also correspond to an improvement in
chip performance, making them the mile markers of Moore’s Law, with each node marking a new generation of chip-manufacturing
technology.
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Until recently, the
industry succeeded at maintaining the rate of improvement predicted by Moore’s Law by scaling the key transistor parameters,
such as shrinking feature sizes and reducing operating voltages, thereby allowing more transistors to be packed onto a single microchip.
This trend was facilitated in large part by the development of CMOS technologies. However, a discontinuity in the rate of improvement
delivered by scaling appeared when transistor technology reached feature sizes below 100 nanometers. The industry responded with
advanced materials to supplement the ongoing geometry shrinks. Some of those materials advances included strained silicon, Silicon-on-Insulator
and High-K/Metal Gate.
The designers and manufacturers
of integrated circuits and systems — our targeted customers — are facing intense pressure to deliver innovative products
at ever shorter times-to-market, as well as at lower prices. In other words, innovation in chip and system design today often hinges
on “better, sooner and cheaper.” We believe that the semiconductor industry has accepted that moving forward in the
nano-era will require adoption of new innovations that extend the scaling formula, including those based on the use of new engineered
materials, a market opportunity our MST technology seeks to address. Because shrinking geometries at the smaller nodes incurs higher
capital and manufacturing costs, only a limited number of companies can afford to continue investing in those nodes. We believe
these constraints will cause semiconductor designers and manufacturers to turn to engineered materials, like MST, to solve this
problem.
Vertical Disaggregation of the Industry
In trying to keep research
and development costs manageable, while attempting to satisfy the demand for increasingly complex semiconductors, certain designers
and manufacturers of integrated circuits have transitioned to a more open innovation model in which competing companies and third-party
providers actively collaborate to address performance issues through various alliances, joint ventures, and licensing of externally
developed technology.
Historically, most
semiconductor companies were vertically integrated. They designed, fabricated, packaged and tested their semiconductors using internally
developed software design tools and manufacturing processes and equipment. As the cost and skills required for designing and manufacturing
complex semiconductors have increased, the semiconductor industry has become disaggregated, with companies concentrating on one
or more individual stages of the semiconductor development and production process. This disaggregation has fueled the growth of
fabless semiconductor companies, design tool vendors, semiconductor equipment manufacturers, third-party semiconductor manufacturers
(or foundries), semiconductor assembly, package and test companies, and intellectual property companies that develop and license
technology to others.
While specialization
has enabled greater development and manufacturing efficiency, it has also created an opportunity for licensing companies, such
as Atomera, that develop and license technology to meet fundamental, industry-wide challenges. These intellectual property companies
have been able to gain broad adoption of their technology throughout the industry by working with companies within the semiconductor
supply chain to evaluate and integrate their technology. Manufacturers and designers of semiconductors increasingly find it more
cost-effective to license technologies from IP-based companies than to develop processes internally that are not their core competence.
We believe this collaboration and integration of externally developed IP benefits semiconductor companies by enabling them to
bring new technology to market faster and more cost-effectively.
Our Initial Application of Mears Silicon Technology
The initial application
of our MST will be for CMOS integrated circuits, the most widely used type of integrated circuits in the semiconductor industry.
As applied to CMOS-type transistors, MST functions as a transistor channel enhancement. We believe MST has the potential to overcome
the key challenges found in the implementation of next generation nano-scale semiconductor devices incorporating CMOS-type transistors,
namely enhancing drive current, reducing gate leakage and reducing variability. In addition, we believe that MST has the potential
to deliver these benefits through a single technology that requires relatively minor modifications to the industry standard CMOS
manufacturing flow. Consequently, we believe that by incorporating MST, designers can make transistors with increased speed, reliability
and energy efficiency, without significantly altering the current fabrication process or cost of production.
3
As illustrated by the
accompanying diagram, MST is a “silicon-on-silicon” solution that provides multiple potential benefits through a relatively
simple modification to the standard CMOS manufacturing flow. MST improvements are delivered through our proprietary and patent-protected
silicon band engineering approach that is based on the quantum mechanics of modern deep sub-micron devices. The MST film creates
channels that allow electrons to flow more freely in the plane of the transistor, thereby enhancing drive current, while reducing
electron flow or “leakage” in the transverse direction. Our MST film can also create more controlled doping profiles,
which allow dopants to be held in the desired locations, thereby enabling optimized device designs, reducing variability and improving
production yield.
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We believe the enhancements
enabled by MST, as demonstrated in simulations and on our own and our customers’ test chips, are approximately equivalent
to the enhancements enabled by one-half to a full node of improvement and, therefore, can extend the productive life of capital
equipment and wafer fabrication facilities. The extent of MST-enabled enhancement depends on the device technology and application.
We believe that MST compares favorably to other alternatives for enhancing performance of CMOS-type transistors as follows:
·
Strained Silicon and Silicon-on-Insulator, or SOI : Unlike strained silicon or SOI, we believe that MST delivers multiple benefits in a single film in a cost-effective manner, including enhanced transistor drive current, reduced leakage, and reduced variability. Also, strained silicon tends to lose much of its effectiveness below 45nm, constraining its scalability, while the MST thin-film approach is expected to be scalable below 22nm. Based on our own research and development and third-party evaluations, we believe that MST can deliver improved cost-benefit performance, in most cases in an additive manner, compared to already successful strain technologies, such as dual stress liners and SiGe. Work with our foundry partners and fabless licensee shows potential for additive improvements on specialized SOI wafers used by radio frequency, or RF, providers, which are also referred to as RFSOI wafers.
·
High-K/Metal Gate, or HKMG : Unlike HKMG, MST is silicon-based. As a “silicon-on-silicon” solution, MST does not require new materials or equipment, which in our opinion makes it much easier and less costly to adopt than HKMG for devices not requiring ultrathin gate dielectrics. For devices with HKMG, lab tests and simulations indicate that MST benefits transistor performance and variability in a similar manner to that observed in non-HKMG devices. Testing conducted with our university research partners indicates that MST has the potential to provide additive performance benefits in devices using HKMG.
Because of its physical
characteristics in the channel region of the transistor, we believe MST has the further benefit of being complementary and additive
to the performance-enhancing technologies noted above, making MST broadly applicable across multiple devices and process flows
to meet a wide variety of customer design objectives. Given the costs of moving to more advanced technologies, we believe one
of the most compelling aspects of MST is its cost/benefit profile. We believe that MST will provide a lower cost of production
due to our technology’s potential to reduce die size while leveraging existing manufacturing tools, thereby providing chip
makers with increased performance at all process nodes with significantly fewer disruptions to manufacturing processes and less
incremental cost than other advanced technologies.
We believe MST can
improve transistor performance in a variety of device types including microprocessors; logic products; analog, RF, and mixed-signal
devices; as well as DRAM, SRAM, and other memory integrated circuits. We have therefore developed different MST product options
that can be applied to the critical industry segments and technology nodes. As of the date of this Annual Report, we have done
technology simulation work with universities and leading industry players at nodes from 180nm to 5nm. We have also simulated devices
with leading industry research facilities and built and electrically verified test chips using MST in customer manufacturing facilities
which have produced results that demonstrate many of the benefits described above.
Development Partnerships
TSI Semiconductors.
In January 2017, we announced an agreement with TSI Semiconductors America LLC to provide us with engineering services in their
semiconductor manufacturing facility in California. By running tests in TSI Semiconductor's facility, which we utilize to run tests
on a contract basis, we are able to build and test devices that incorporate MST much more quickly than when we test in our potential
customers' facilities. We believe this arrangement enables faster product development, test, and integration, and should accelerate
our time to market.
Synopsys . In
March 2017, we announced our collaboration with Synopsys, Inc., provider of the most broadly used technology computer-aided design,
or TCAD, simulation software in the semiconductor industry. Synopsys’ software now supports modeling of MST, which enables
semiconductor manufacturers and designers to model the interaction of MST with other process steps. In December 2020, we announced
availability of our MSTcad TM V1.0 software tool which runs on Synopsys’ Sentaurus TCAD software and enables semiconductor
engineers to simulate the benefits of integrating MST in a variety of devices. We believe these capabilities are helping us focus
integration efforts for potential customers more quickly on those areas most likely to deliver benefits, thus shortening test
cycles and, we believe, accelerating the time to a license decision.
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MST Commercialization
We do not intend to
design or manufacture integrated circuits directly. Instead, we develop and license technologies and processes that offer the designers
and manufacturers of integrated circuits a low-cost solution to the industry need for increased performance. Our customers and
partners include foundries, integrated device manufacturers, or IDMs, fabless semiconductor manufacturers, OEMs that manufacture
epitaxial deposition, or EPI, machines, and electronic design automation software companies, such as Synopsys.
Our strategy is to
enter into licensing arrangements whereby foundries and IDMs pay us a license fee for their use of MST technology in the manufacture
of silicon wafers as well as a royalty for each silicon wafer (in the case of foundries) or device (in the case of IDMs) sold that
incorporates MST. In the case of fabless semiconductor licensees, our strategy is to charge a royalty for each device they sell
that incorporates our MST technology. The IDMs and fabless semiconductor manufacturers are the primary beneficiaries of our commercialization
activities, as they are producers and distributors of the integrated circuits onto which we will endeavor to incorporate our MST
technology. The foundries and OEMs also play an important role in our commercialization strategy in that these parties have traditionally
sought to provide new technologies to their customers, which in the case of the foundries are the fabless semiconductor manufacturers
and in the case of the OEMs are the IDMs and foundries that purchase EPI machines.
In the semiconductor
industry, new technologies are vetted thoroughly and carefully by early adopters but, once proven, tend to be adopted broadly by
the industry and, wherever possible, exploited for several generations until their full potential is reached. Before introducing
a new technology into its fabrication process, the customer will conduct a formal and rigorous multi-phase testing process, which
can range from 18 to 36 months.
Our engagements with
IDMs, foundries and fabless semiconductor manufacturers who are potential customers typically consists of the following phases:
1.
Engineering Planning: In this phase we engage in a technical exchange of information under a non-disclosure agreement to understand the customer’s manufacturing process and to determine how best to integrate the deposition of MST film onto the customer’s semiconductor wafers.
2.
Set-up for MST Integration: We agree upon the technical evaluation details, including the expected rounds of evaluation testing, the parameters to be tested and allocation of costs. Customers provide us with wafers for our internal processing and physical characterization. Some customers work together with us to develop a TCAD model showing possible results of MST integration with their particular manufacturing process.
3.
Integration. Typically, this phase includes several rounds of tests that involve building test devices on a semiconductor wafer using our MST technology within the customer’s manufacturing process flow. We have not had any customers move beyond phase three as of the date of this Annual Report. We believe that this phase will continue to be the longest in our customer engagement process due to the fact that integrating MST into a customer’s manufacturing flow frequently requires us to conduct subsequent tests based on the result of earlier test runs. This phase also requires investment of time and resources by customers. In order to progress beyond this, we must demonstrate benefits at a commercially-significant level. It is difficult for both customers and for Atomera to estimate the amount of time a customer will be in the integration phase.
4.
Process Installation . Prior to enabling a customer to install and use MST technology on epitaxial deposition machines in their own fab, we intend to require execution of a license for use of our patents and proprietary know-how. Requiring a license at this stage is a customary and accepted practice in the semiconductor industry. Our recently announced JDA grants a manufacturing license to our customer and upon delivery of our IP transfer package and issuance of our invoice, this customer will enter phase four.
5.
Technology qualification . After installation of MST in the fab, the customer will conduct additional testing to ensure manufacturing reliability under accelerated test conditions that simulate volume production. Upon successfully completing the qualification phase, products can be built and shipped using this manufacturing process.
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6.
Production . We expect that our license agreements will provide that upon commencement of sales of wafers or devices built using MST, our customer will pay us a royalty that will be a percentage of the selling price of the wafer or device, depending on the type of customer.
While the above steps
describe a model customer engagement, we have engaged with some customers in ways that do not follow this precise order. JDAs are
an example of an engagement format that may combine engineering service, development, manufacturing, process optimization and other
joint activities that do not follow the order described above. In addition, we may from time to time enter into evaluation license
agreements with certain customers under which they may install MST in their fabs to run internal tests only and not for commercial
use or distribution. Other potential customers may run tests on MST-treated wafers prior to further engagement with us on integration
into their manufacturing process.
Our customer engagement
process is refined on an ongoing basis to meet the needs of both Atomera and our customers. In order to address customers’
concern about the requirement to pay for a full license prior to being sure they will enter into volume production with MST based
products, Atomera has introduced a three-staged licensing approach. The first two stages represent a minority of the total license
fee structure, thus lowering a customer’s risk until they have internalized the process and generated enough data to justify
the larger licensing stages. Atomera’s three stages of licenses are: (i) the Integration stage which grants the right to
integrate MST onto their products, (ii) the Manufacturing stage, which grants them the rights to manufacture in their own facilities,
and (iii) the Distribution stage which grants them the right to sell products using MST.
We believe that our
success is dependent upon the adoption of our MST technology through the Distribution stage by at least one IDM, foundry, or fabless
semiconductor manufacturer. As of the date of this Annual Report, MST was in the integration phase (Phase Three as described above)
on 16 different engagements. Upon delivery of our IP transfer package and issuance of our invoice, our JDA customer will move from
phase three into phase four. Subject to process and subsequent product qualifications that demonstrate, in commercial scale production,
the enhancements we believe our MST technology offers, including increased speed, reliability and energy efficiency, we expect
to license our MST technology to one or more of these companies.
We are also working
with OEMs on process development and equipment optimization to ensure that MST can be reliably and predictably deposited using
their manufacturing tools. We have successfully deposited MST using tools made by each of the leading epitaxial deposition equipment
suppliers and we believe that if we are successful in our commercialization efforts, these tool OEMs will promote the incorporation
of our MST technology as an option to their standard offering. By doing so, we believe they will simultaneously stimulate additional
sales of their capital equipment and encourage more customers to adopt MST.
Through our collaboration
with Synopsys, we enable potential customers of MST to more quickly assess the potential benefits of MST to their semiconductor
devices. By creating TCAD software models, we can work with manufacturers to assess which of their product types would most benefit
from MST. We believe this modeling capability has shortened the time required for us to engage with new potential customers and
should ultimately lead to a faster decision process by the customer regarding licensing MST.
We market our MST technology
directly to the semiconductor industry through our significant industry contacts and relationships. We also sponsor academic research
and participate in industry conferences and associations. In certain foreign jurisdictions, we engage sales representatives to
assist us in establishing relationships with local customers.
Customers
In January 2021, we
entered into a JDA with a leading semiconductor provider for integration of our MST technology into their manufacturing process.
The JDA includes the grant of an upfront, paid manufacturing license allowing the customer to install the recipe for our MST film
into a tool in their fab and to fabricate semiconductor wafers incorporating MST for use in their products, as well as development
milestones that, if achieved, could result in additional revenue to Atomera. Although this JDA does not confer commercial distribution
rights, we believe that successful execution would be a significant step toward commercialization and provide opportunities for
additional license revenues and potential royalty streams from one or more of our customer’s multiple production lines.
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In September and October
2018, respectively, we entered into separate integration license agreements with AKM and ST, both of which are leading IDMs. In
October 2019 we entered into an integration license agreement with a leading fabless RF semiconductor provider. Under the integration
license agreements, these customers have each agreed to pay us for the right to evaluate MST technology which is integrated onto
their semiconductor wafers. We deposit MST onto the customers’ wafers and the customer has the right under the license agreement
to complete the manufacturing process which enables them to evaluate our technology. These agreements do not grant the customer
the right to deposit MST at their site or to sell products incorporating MST.
We intend that each
integration license agreement will be the first of a three-stage licensing process with each of AKM, ST and our RF licensee, to
be followed by manufacturing and distribution license agreements with each of them. Those manufacturing and distribution license
agreements, if executed, will allow each licensee to manufacture – or in the case of our RF licensee, to have its foundry
partner manufacture – MST-enabled products and to sell them to their customers. We expect that the manufacturing and distribution
agreements will provide for substantially larger upfront license fee payments than the integration license fees and will require
the respective licensees to make royalty payments to us based on the number and sales price of MST-enabled products they sell to
their customers. However, our ability to enter into royalty-based manufacturing and distribution agreements with AKM, ST and our
RF licensee will depend, in large part, on the performance of devices they build using MST and the successful integration of our
MST technology on a high-volume production scale. There can be no assurance that our MST technology will deliver the performance,
power or other requirements our customers seek for their products or that the integration of our technology with our customers’
manufacturing process will be successful in high volume. In addition, even if our MST technology is successfully integrated into
the licensees’ products, either or both of the licensees may decide, for reasons unrelated to the price or performance of
our MST technology, not to enter into manufacturing and distribution license agreements.
Competition
Our lead product, MST,
is a proprietary and patent-protected performance enhancement technology that we believe addresses a number of key engineering
challenges facing the semiconductor industry. We compete with IDMs, OEMs, foundries, fabless manufacturers of semiconductors and
semiconductor IP licensing companies for the development and commercialization of technologies that improve the performance of
semiconductors. Historically, when a new fabrication process proves to be a low-cost improvement to the standard fabrication process,
and is additive, rather than in place of other performance technologies, it has been successfully adopted industry-wide. Good examples
of such advances have been strained silicon and High-K/Metal-Gate. We believe that MST has the potential to be one of these low-cost
additive technologies, in which case MST would not be subject to significant direct competition from other technologies.
Research and Development
The principal focus
of our research and development efforts is on enabling existing and prospective customers to integrate MST into their manufacturing
processes and enable them to commercialize MST-enabled semiconductor products. We also dedicate research and development resources
to evolving and expanding our technology to address new process technologies in the semiconductor industry roadmap. Our research
and development is conducted internally, but we work closely with third parties in the semiconductor industry to evaluate and qualify
our technology for incorporation into semiconductor products and fabrication equipment. During the years ended December 31, 2020
and 2019, we incurred research and development expenses of approximately $8.4 million and $7.7 million, respectively.
We believe that our
success depends in part on our ability to achieve the following in a cost-effective and timely manner:
·
enable customers to integrate MST into their products;
·
develop new technologies that meet the changing needs of the semiconductor industry;
·
improve our existing technologies to enable growth into new application areas; and
·
expand our intellectual property portfolio
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Intellectual Property Rights
We regard the protection
of our technologies and intellectual property rights as an important element of our business operations and crucial to our success.
We rely primarily on a combination of patent laws, trade secret laws, confidentiality procedures, and contractual provisions to
protect our proprietary technology. We require our employees, consultants, and advisors to enter into confidentiality agreements.
These agreements provide that all confidential information developed or made known to the individual during the course of the individual’s
relationship with us is to be kept confidential and not disclosed to third parties except under specific circumstances. In the
case of our employees and certain consultants, the agreements provide that all of the technology that is conceived by the individual
during the course of employment is our exclusive property. The development of our technology and many of our processes are dependent
upon the knowledge, experience, and skills of key scientific and technical personnel.
As of December 31,
2020, we have been granted 112 patents in the U.S. and 75 abroad. Our core patents relating to MST cover materials, physical structures
and manufacturing processes. Our core patents relating to MST were filed beginning on August 22, 2003 and have grant dates beginning
on December 14, 2004. Our MST patent portfolio begins to expire commencing August 22, 2023. While we believe our core patents adequately
block competitors from using our MST technology without our approval, there can be no assurance that one or more of our core patents
would survive a legal challenge to their scope, validity, or enforceability, or provide significant protection for us. The failure
of our patents, or the failure of trade secret laws, to adequately protect our technology, might make it easier for our competitors
to offer similar products or technologies or for our potential customers to build products with methods and materials similar to
MST without paying us a license fee. In addition, patents may not issue from any of our current or future applications.
We also hold registered
trademarks in the United States for the marks “Atomera” and “MST” and in China for the mark “Mears”.
We have applied with the U.S. Patent and Trademark Office for the registration of the mark “MSTcad” in the United States.
Employees
As of the date of this
Annual Report, we employ 21 people on a full-time basis.
Available Information
Our website is located
at www.atomera.com. The information on or accessible through our website is not part of this Annual Report on Form 10-K. Copies
of our Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and amendments to these reports
filed or furnished pursuant to Section 13(a) or 15(d) of the Exchange Act are available free of charge, on our investor relations
website as soon as reasonably practicable after we file such material electronically with or furnish it to the Securities and Exchange
Commission, or the SEC. A copy of this Annual Report on Form 10-K is also located at the SEC’s Public Reference Room at 100
F Street, NE, Washington, D.C. 20549. Information on the operation of the Public Reference Room can be obtained by calling the
SEC at 1-800-SEC-0330. The SEC also maintains an internet site that contains reports and other information regarding our filings
at www.sec.gov.