Generally speaking, patents cannot be called technical secrets because they are public (except confidential patents). Technical secret refers to technical information in trade secrets, and some people call it proprietary technology, which is know-how in English. According to Article 10 of the Anti-Unfair Competition Law of People's Republic of China (PRC), the so-called trade secrets refer to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, and is practical and kept secret by the obligee. Trade secrets can include, but are not limited to, technical information and commercial information, such as design data, procedures, product formulas, manufacturing processes, manufacturing methods, management know-how, customer lists, source information, production and marketing strategies of the obligee. Among them, not being known to the public means that the information cannot be directly obtained from public channels and can bring economic benefits to the obligee. It is practical, that is, the information can bring real or potential economic benefits or competitive advantages to the obligee, and the obligee takes confidentiality measures, including concluding confidentiality agreements, establishing confidentiality systems and taking other reasonable confidentiality measures.
Protecting one's inventions and creations by means of patents and technical secrets is helpful to protect inventions and creations. Apply for patents for technologies that are easy to disclose, and keep secrets for technologies that are not easy to disclose. Others can produce products according to patented technology, but it is difficult to produce high-quality equivalent products if they can't obtain technical secrets. The double protection of patents and technical secrets is usually better than the single protection of patents or technical secrets.