1, the existence conditions are different, the patent right is protected by law, and the non-patented technology is not protected by law;
2, the timeliness is different, the patent right is time-limited, that is, the jurisdiction of relevant laws, rather than patented technology without time limit;
3. With the different forms of technology, patent right is static and its content is fixed, while non-patented technology is dynamic and its content can be developed and improved.
What are the characteristics of non-patented technology?
The characteristics of non-patented technology are as follows:
1, non-patented technology is a kind of technical knowledge;
2. Non-patented technology is a dynamic technology with practicality;
3. Non-patented technology can be taught and transferred;
4. Non-patented technology is a kind of de facto exclusive right on the condition of confidentiality;
5. Non-patented technology is economical;
6. Non-patented technology is technical knowledge without patent right.
Legal basis: Article 6 of the Patent Law of People's Republic of China (PRC).
An invention-creation made by carrying out the tasks of the unit or mainly using the material and technical conditions of the unit is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.