Advantages of patent protection: 1, exclusive. If a non-patentee wants to use the patented technology of others, he must obtain the consent or permission of the patentee according to law. 2. Enjoy priority. According to the provisions of the Paris Convention for the Protection of Industrial Property, within a certain period of time, the late application filed by the applicant enjoys priority over the application filed by others on the same subject after the first application date. 3. Patents can be mortgaged, and can be assessed as assets invested enterprises.
Disadvantages of patent protection: 1. Regional. The patent right granted by a country according to its patent law is only valid within the jurisdiction of that country and is not binding on other countries. Foreign countries do not undertake the obligation to protect their patent rights. If an invention is patented only in China, then the patentee only enjoys exclusive rights or exclusive rights in China. 2. Patents are public, and technical inventors make their own technology public in exchange for the exclusive rights granted by law, so that the public can obtain the relevant information of patented technology through normal channels. 3, timeliness, the patent is only valid within the time limit prescribed by law. After the expiration of the effective protection period of the patent right, the patent right enjoyed by the patentee will be automatically lost and generally cannot be renewed. With the end of the protection period, the invention becomes the public wealth of the society, and others can freely use the invention to create products.
The protection of trade secrets means that workers shall not use the business secrets of enterprises to engage in personal profit-making activities during the labor contract and for a period of time after the dissolution or termination of the labor contract, and shall not disclose, use or allow others to use the business secrets they have unless in accordance with the provisions of law or the commitments of enterprises.
Advantages: 1 It has the advantage of time limit, and the protection period of trade secrets is uncertain. If it can be kept secret forever, it will enjoy unlimited protection period. If it is leaked in a short time, the protection period will also end; And all kinds of rights in intellectual property rights have a protection period. 2. It has geographical advantages, while trade secrets have no geographical characteristics. Its owner can issue a license to anyone who wants it in any country; Intellectual property rights are restricted by regions. Intellectual property rights in one country may not have corresponding rights in another country, but your information is made public on a global scale. 3. It has the advantage of confidentiality, and business secrets are not open; Patents, trademarks and copyrights are all open. Protecting business secrets is an important weapon and property for business operators. 5. Trade secret protection is an independent means of intellectual property protection.
Disadvantages: 1, unclear about what is a trade secret; 2. Lack of systematic and effective protection for the business secrets of this enterprise.