The requirements of trade secrets are not known to the public, and the premise of patent authorization is publicity. Only technical solutions that are publicly patented can be protected. Since all technical solutions of patents (except national defense patents) are open, patents cannot become trade secrets, or patents and trade secrets are sworn enemies.
2. Products that can be deciphered by reverse engineering.
After the product is developed, it must be put on the market, and only when it is put on the market can it be profitable. After being put into the market, even if it is confidential, if the technical scheme of the product can be deciphered by reverse engineering, it is not illegal for others to obtain trade secrets in this way.
For products that can be deciphered by reverse engineering, it is best for enterprises to protect them by applying for patents.
3. General business information or business skills in the industry.
For the general business information and business skills in the industry, it may take a lot of energy, financial resources and time cost for enterprises to acquire these information and skills, but these information and skills should also be known by most people in the industry and cannot be protected, so there is no need to regard them as business secrets, such as some atypical customer lists and so on.
Legal basis: Article 9 of the Anti-Unfair Competition Law of People's Republic of China (PRC), operators shall not commit the following acts that infringe on business secrets:
(1) Obtaining the business secrets of the obligee by improper means such as theft, bribery, fraud, coercion or electronic intrusion;
(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;
(4) instigating, luring or helping others to obtain, disclose, use or allow others to use the business secrets of the obligee in violation of the confidentiality obligation or the obligee's requirements for keeping the business secrets.
If a natural person, legal person or unincorporated organization other than the operator commits the illegal acts listed in the preceding paragraph, it shall be regarded as infringement of trade secrets.
If a third party obtains, discloses, uses or allows others to use a trade secret while knowing or should know that the employee, former employee or other unit or individual of the holder of the trade secret has committed the illegal acts listed in the first paragraph of this article, it shall be regarded as infringement of the trade secret.
The term "business secrets" as mentioned in this Law refers to technical information, business information and other business information that are not known to the public and have commercial value and are kept confidential by the obligee.