Apparatus and method for detecting overlay errors using scatterometry

Disclosed are techniques, apparatus, and targets for determining overlay error between two layers of a sample. A plurality of targets is provided. Each target includes a portion of the first and second structures and each is designed to have an offset between its first and second structure portions. The targets are illuminated with electromagnetic radiation to thereby obtain spectra from each target at a −1st diffraction order and a +1st diffraction order. It is determined whether there are any overlay error between the first structures and the second structures using a scatterometry technique based on the detected spectra by (i) for each target, determining a first differential intensity between the −1st diffraction order and a +1st diffraction order, (ii) for a plurality of pairs of targets each having a first target and a second target, determining a second differential intensity between the first differential intensity of the first target and the first differential intensity of the second target, and (iii) determining any overlay error between the first structures and the second structures using a scatterometry technique based on the second differential intensities determined from each target pair.