In the past, technical secrets were called non-patented technologies in China, which was relative to patents. Later, after the Contract Law was promulgated, different terms were used for patented technology and technical secrets instead of non-patented technology.
In a legal sense, non-patented technology in the past refers to technical secrets. If it does not constitute a technical secret, it cannot be protected. This draws the line more clearly. In practice, some well-known technologies are indeed transferred as non-patented technologies.
The so-called proprietary technology is technology that enjoys exclusive rights. It should be a larger concept, but it is not clearly defined in law. It should be clear on what basis we enjoy exclusive rights, is it patented technology or technical secrets? This may all give rise to exclusive rights, which make legal sense. Certain professional technologies that are not patents and technical secrets are only meaningful in certain technical service contracts.
Patent rights refer to the right of the patentee to exclusively use, profit from, and dispose of his invention and creation within the scope prescribed by law, and to exclude the interference of others. Patent rights are time-based, territorial and exclusive. Extended information
Non-patented technologies refer to various technologies and experiences that are not known to the outside world, have been used in production and business activities, and do not enjoy legal protection. ?
Such as unique design, shape, formula, calculation formula, software package, manufacturing process and other process know-how, technical secrets, etc. A type of corporate intangible asset. Non-patented technologies, like patent rights, can put enterprises in an advantageous position in competition and bring economic benefits to enterprises in the years to come. Different from patent rights, non-patented technology is not registered with the patent office and relies on confidentiality means to achieve monopoly.
Patent rights also have the following legal characteristics: (1) Patent rights are two rights in one, including personal rights and property rights. (2) The patent right must be granted by the Patent Office. (3) The occurrence of patent rights is predicated on the disclosure of invention results. (4) Patent rights are exploitable. If the patentee does not implement or allow others to implement his patent, the relevant departments will take compulsory licensing measures to make full use of the patent. Reference materials
Baidu Encyclopedia - Non-patented technology
Baidu Encyclopedia - Patent rights