Similarities and differences with patent right.
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.
Non-patented technology is not the object of patent law protection. Non-patented technology maintains its exclusivity through self-confidentiality, which has the characteristics of economy, confidentiality and dynamics.
The main contents of non-patented technology include:
(1) industrial know-how: refers to the technical knowledge of production, assembly, repair, technology or processing methods that have been adopted in production and only a few people know, and do not enjoy patent rights or invention rights. It can be expressed by blueprints, formulas, technical records, instructions on operation methods and other specific materials, or it can be realized by the way that the seller sends technicians to guide or accept the technical practice of the buyer's personnel.
(2) Commercial trade know-how: refers to confidential market information, raw material price information and relevant knowledge about users and competitors.
(3) Management know-how: refers to confidential knowledge such as the operation mode, management methods and staff training methods of the production organization.
The Supreme People's Court's "Provisions on Several Issues Concerning the Trial of Scientific and Technological Disputes" stipulates that non-patented technological achievements shall meet the following conditions:
(1) technical scheme or proprietary technology, including technical knowledge, experience and information;
(2) in a secret state, that is, it cannot be directly obtained from public channels;
(3) it has practical value, that is, it can make everyone gain economic benefits or competitive advantages;
(4) The owner has taken appropriate confidentiality measures and failed to provide them to others who have no agreed confidentiality obligations.
The technology of an enterprise, as long as it has the above characteristics, is the non-patented technology of the enterprise.