Legal analysis: the difference between patent and non-patent is as follows: 1, the patentability is different, the patented technology has exclusive rights, that is, no one can use the patented technology for production and sales without the consent of the patentee, while the non-patented technology does not have exclusive rights; 2, the degree of disclosure is different, the patented technology must disclose the relevant technical content, and the non-patented technology belongs to a kind of trade secret, generally on the premise of non-disclosure; 3. Different means of protection, the protection of patented technology has special legal provisions, while the protection of non-patented technology has no special legal provisions, mainly relying on contracts for protection.
Legal basis: Article 3 of the Patent Law of People's Republic of China (PRC). The patent administrative department of the State Council manages the national patent work, accepts and examines patent applications in a unified way, and grants patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.