The choice of patent protection and trade secret protection is based on the fact that patent protection can get more economic benefits, while trade secret protection can't. Patent protection is strong, but some information should be made public, which is clear at a glance in the process of rights protection and easy to operate and identify; The holder of the right to protect trade secrets shall take necessary measures to protect the technology or business information that can bring economic benefits to himself and is not known to others. In the protection stage, the obligee bears a heavier burden of proof.
Legal objectivity:
Article 42 of the Patent Law, the term of an invention patent is 20 years, the term of a utility model patent is 10 year, and the term of a design patent is 15 year, all of which are counted from the date of filing. Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant. In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.