Non-patented technology registration

In the past, technical secrets were called non-patented technologies in China, which was relative to patents. Later, after the promulgation of the contract law, different terms of patented technology and technical secret were used to replace the appellation of non-patented technology.

In the legal sense, the past non-patented technology refers to technical secrets. If it does not constitute a technical secret, it cannot be protected. This clarifies the boundaries. In practice, there are indeed some well-known technologies that have been wrongly transferred as non-patented technologies.

The so-called proprietary technology is the technology with exclusive rights, which should be a bigger concept, but it is not clear in law. It should be clear, why do you enjoy exclusive rights, patented technology or technical secrets? All these may produce exclusive rights, which is of legal significance. Some professional technologies that do not belong to patents and technical secrets are meaningful only in some technical service contracts.

Patent right means that the patentee enjoys the exclusive right to use, benefit and dispose of his invention and creation within the scope prescribed by law, and excludes the interference of others. Patent right has timeliness, regionality and exclusiveness.

Extended information non-patented technology refers to all kinds of technologies and experiences that are not known to the outside world and have been adopted in production and business activities and do not enjoy legal protection. ?

Such as unique design, modeling, formula, calculation formula, software package, manufacturing process and other technical know-how, technical secrets and so on. An intangible asset of an enterprise. Non-patented technology, like patent right, can make enterprises in an advantageous position in the competition and bring economic benefits to enterprises in the future. Unlike patent rights, non-patented technologies are not registered in patent offices, but monopolized by secret means.

Patent also has the following legal characteristics: (1) Patent is a right with two rights, both personal rights and property rights. (2) The patent right is granted by the Patent Office. (3) The occurrence of patent right is based on the disclosure of invention achievements. (4) The patent right is enforceable. If the patentee does not implement or does not allow others to implement his patent, the relevant departments will take compulsory licensing measures to make full use of the patent.

Resources Baidu Encyclopedia-Non-patented technology

Baidu encyclopedia-patent right