What is patent right and know-how, and what is the difference between them?

Patent right refers to the exclusive right or exclusive right enjoyed by the inventor or his assignee within a certain period of time with the approval of the national patent administrative department according to law. Anyone who wants to use the patent for production and business activities or sell products made with the patent must obtain the permission of the patentee in advance and pay remuneration.

Proprietary technology, also known as non-patented technology and technical secrets, refers to knowledge and skills that have not been disclosed or patented, mainly including design materials, technical specifications, technological processes, material formulas, business know-how, drawings, data and other technical materials. Proprietary technology is different from patent right. From the legal point of view, it is not a legal right, but only a natural right and an intangible asset that can be profitable. From this point of view, the evaluation of proprietary technology should first identify proprietary technology and analyze and judge its objectivity. This judgment is a little more complicated than that of patent right.

The difference between proprietary technology and patented technology is as follows:

First, the proprietary technology is confidential, while the patented technology is disclosed within the scope stipulated by the patent law.

Second, proprietary technology covers a wide range, including design data, technical specifications, process flow, material formula, business know-how, drawings, etc.

Patent technology usually includes three kinds, namely, invention, design and utility model.

Third, patented technology has a clear legal protection period, while proprietary technology has no legal protection period.

Fourth, the protection of patented technology is usually carried out in accordance with the provisions of the patent law. The laws that protect proprietary technology mainly include the People's Republic of China (PRC) Contract Law and the People's Republic of China (PRC) Anti-Unfair Competition Law.