Technical secrets and patents are the fruits of human innovation activities, which have value and use value. However, they are significantly different in many ways:
1. Definition and protection object: Technical secret is a kind of trade secret, including technical secret, process flow, design drawings, technical data, chemical formula, manufacturing method and other technical and scientific know-how. Inventions mentioned in the Patent Law refer to inventions, utility models and designs, which should be novel, creative and practical.
2. Openness: technical secrets are not known to the public, but only to specific people. Once the technical secret is disclosed and known to the public, it loses its secrecy. On the contrary, the patent applicant must disclose his invention when applying for a patent, except for the technology that the state needs to keep confidential.
3. Duration of protection: The duration of protection of technical secrets is usually reflected in the contract. As long as the confidentiality is strict and it is not leaked, it can be held for a long time. According to the patent laws of various countries, the protection period of a patent is generally 10-20 years.
4. Legal status: the legal nature of technical secrets is uncertain, and they are usually protected by civil law, criminal law, anti-unfair competition law and other relevant laws and regulations, and their legal status is weak. Patents are protected by the national patent law and have a stronger legal status.
5. Applicable value: In a sense, the practical value of technical secrets is greater than that of patented technology, because technical secrets are directly generated in industrial and commercial production and operation activities, such as some technical secrets and technical data, which can be directly applied by enterprises without further overcoming some technical problems.
In a word, both technical secrets and patents exist to protect innovation achievements, but there are obvious differences in definition, protection mode, openness, protection period and legal status.