First, the difference between concepts.
Technical secret: Technical secret is a kind of trade secret, which refers to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. Among them, technical information refers to technical secrets, process flow, design drawings, technical data, chemical formula, manufacturing methods, technical data, technical information and other technical and scientific proprietary knowledge, that is, the object of technical secret protection.
Patent: Article 2 of the Detailed Rules for the Implementation of the Patent Law stipulates that "invention" as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement; Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Inventions and utility models shall be novel, creative and practical, and shall also comply with other provisions of the Patent Law and its implementing rules.
Second, the difference of composition conditions.
Technical secrets: Technical secrets require not being known to the public (i.e. confidentiality), which brings economic benefits and practicality. Therefore, secrecy measures are taken, among which secrecy measures are an important guarantee to ensure not being known to the public. It can also be said that secrecy measures belong to the category of not being known to the public.
Patents: Patented inventions and utility models should be novel, creative and practical.
Third, the difference of validity.
Technical secret: the protection period of technical secret is based on the duration of its confidential state. As long as it is kept strictly confidential and not replaced by new technology, its protection period is unlimited.
Patent: The exclusive right to use a patent has a legal protection period. According to Article 42 of China's Patent Law, the term of invention patent is 20 years, and the term of utility model patent is 10 year, all of which are counted from the date of filing. After the expiration, the patent right automatically disappears, and the corresponding technology enters the public domain, and anyone can use it at will.
Four. Rights and legal protection
Technical secrets: The rights of technical secret holders are mainly embodied in preventing others from using their technical secrets in improper ways, such as stealing others' technical secrets and disclosing them to others in violation of confidentiality regulations. The holder of technical secrets has no right to prevent others from discovering or obtaining technical secrets through proper channels.
According to the provisions of Article 43 of the Contract Law, the business secrets known by the parties in the process of concluding a contract shall not be disclosed or improperly used, regardless of whether the contract is established or not. If the disclosure or improper use of business secrets causes losses to the other party, it shall be liable for damages.
Patent: The patentee enjoys exclusive rights to the patented technology, and the patentee has the right to license others to exploit the patent, collect royalties and transfer his patent right.
Article 11 of the Patent Law stipulates that after the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
V. Differences in costs
Technical secrets: The protection cost of technical secrets mainly depends on the specific situation. For documents that belong to technical secrets, mark "technical secrets" in a conspicuous place and lock them in the cabinet. For technical equipment or process flow, it is enough to equip security personnel. Responsible for the confidentiality of the relevant technical personnel agreed in the labor contract, and give appropriate rewards or remuneration to the technology development or inventor.
Patents: It takes a long time to apply for patents, and not all patents can be authorized. You also need to pay application fees, substantive examination fees and various additional fees. After authorization, you have to pay an annual fee, which is not a small sum, but it is higher than the cost of technical secrets.
Sixth, the difference between risks.
Technical secret: the owner of technical secret can make it disappear by revealing the secret through negligence or making it public because of independent discovery by others.
Patents: For technical secrets, active measures must be taken to ensure the existence of technical secrets. Patents can enjoy rights for a limited time as long as they meet the conditions objectively. Relatively speaking, the right holder of technical secrets bears greater risks.
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