Non-patented technology (trade secret)

A technology meets the conditions for applying for a patent, and an application for a patent is a patented technology; But if you don't apply for a patent for various reasons, it is non-patented technology (trade secret).

According to the Supreme People's Court's "Provisions on Several Issues Concerning the Trial of Scientific and Technological Dispute Cases", "Non-patented technological achievements shall meet the following conditions:

(1) technical scheme or proprietary technology, including technical knowledge, experience and information;

(2) in a secret state, that is, it cannot be directly obtained from public channels;

(3) it has practical value, that is, it can make everyone gain economic benefits or competitive advantages;

(4) The owner has taken appropriate confidentiality measures and failed to provide them to others who have no agreed confidentiality obligations. "

The technology of an enterprise, as long as it has the above characteristics, is the non-patented technology of the enterprise.