(2) The patent system cannot exist independently without the technical secret system. If confidentiality measures are not taken before patent application, the invention may be leaked and made public, thus losing novelty and not being protected by patent. The time span of invention-creation from development to patent application and patent grant may be very long, during which technical secret protection is also needed. Some technologies that are not disclosed in patents, staged technological achievements and technical data can be used as supplements to patented technologies and protected through technical secrets. On the contrary, technical secrets can exist independently of patents.
(3) The protection of technical secrets needs to be controlled from the aspects of internal personnel, system and management with the help of the obligee's own strength; Patents are protected by national laws and regulations. Of course, the protection of technical secrets has been gradually incorporated into the scope of national laws and regulations, and those who steal technical secrets and cause great losses should also be sentenced.
(4) Technical secrets are undisclosed technologies. As long as the technology is not made public, enterprises will have long-term control and monopoly rights over the technology, especially for technologies that are difficult for other enterprises and individuals to develop in the short term. Patent is an open technology, the owner can't restrict others' research and imitation, and its protection period is limited.
(5) When different obligees hold the same technical secrets, they all enjoy the same benefits, and it cannot be excluded that others develop the same technology and enjoy the same rights. At the same time, it is not excluded that others can obtain this technology by "reverse engineering" the products of the technical secret controller; The patentee has absolute exclusive rights. That is to say, if one of the holders of the above-mentioned technical secret applies for a patent, the technical secret will become public technology, and he will obtain exclusive rights, which can restrict the other party from continuing to use the "technical secret".