1. Patent applications must be made public according to certain legal procedures, while trade secrets are generally not made public;
2. The coverage is different. The scope of patent protection shall be subject to the application materials submitted by the parties concerned, while trade secrets shall be comprehensively determined according to their confidentiality, value, competitiveness, regionality and timeliness.
3. Other differences between patent protection and trade secret protection system.
legal ground
Article 9 of the Anti-Unfair Competition Law
An operator shall not commit the following acts that infringe on business secrets:
(1) Obtaining the business secrets of the obligee by improper means such as theft, bribery, fraud, coercion or electronic intrusion;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph.
Article 64 of the Patent Law shall come into force on June 1 20265438.
The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to illustrate the content of the claim.
The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.