PURPOSE: To enable the exact focus detection of the projecting parts and recessed parts of rugged patterns by providing the non-pattern region of the size of one pattern of the regularly arranged element patterns within the prescribed position within this pattern region.

CONSTITUTION: This photomask 1 has the pattern region approximately regularly arranged with the plural patterns 20 to be transferred onto a member to be transferred and is provided with the non-pattern region 18 of the size of the one pattern of these patterns 20 in the prescribed position within this pattern region. Therefore, the region where this non-pattern region 18 is transferred is to be a flat region having no patterns even if the member to be transferred is treated in a lithographic stage. The mis-registration from the focal position of the member to be transferred in the case of use of, for example, a projection optical system, can be exactly detected by projecting a probe pattern for focus detection to the flat part corresponding to this non-pattern region. A reference mark for relative alignment may be provided in the non-pattern region.