How to choose between patent protection and trade secret protection

Legal analysis: the ways to choose patent protection and trade secret protection are: those that cannot be protected by patent law should be protected by trade secrets, first, they are not protected by patent law, and second, their creativity is not high enough; For the scheme that is easy to be interfered by competitors after publicity, use trade secrets to protect it; This scheme, the product life cycle is too long or too short, is not suitable for patent protection.

Legal basis: Article 3 of the Patent Law of People's Republic of China (PRC), the State Council Patent Administration Department is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.

Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted. Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.

Article 219th of the Criminal Law of People's Republic of China (PRC) commits one of the following acts of infringing business secrets, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined: (1) obtaining the business secrets of the obligee by theft, bribery, fraud, coercion, electronic intrusion or other improper means; (2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph; (3) disclosing, using or allowing others to use the business secrets in their possession in violation of confidentiality obligations or the requirements of the obligee to keep business secrets. In the acts listed in the preceding paragraph, anyone who knowingly obtains, discloses, uses or allows others to use the trade secret shall be regarded as infringing on the theory of trade secret. The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner. Article 219-1 Whoever steals, spies on, buys or illegally provides business secrets for overseas institutions, organizations or personnel shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.