Legal analysis: Trade secrets are technical and commercial information that is unknown to the public, can bring economic benefits to the obligee, and is practical and kept secret by the obligee. Trade secrets are "unknown to the public", that is, as long as they are not common information well known in the industry, information that can keep the lowest secrecy or novelty different from common information constitutes trade secrets. A patent is an invention-creation, that is, an application for a patent for an invention, utility model or design is filed with the State Patent Office, and after being examined and approved according to law, it is granted the exclusive right of invention-creation within a specified time.
Legal basis: Article 10 of the Anti-Unfair Competition Law of People's Republic of China (PRC) shall not infringe on trade secrets by the following means: obtaining the trade secrets of the obligee by theft, inducement, coercion or other improper means; Disclosing, using or allowing others to use the business secrets of the obligee obtained by the means mentioned in the preceding paragraph; To disclose, use or allow others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets.