What's the difference between non-patented technology and patent right?
According to Article 2 of the Patent Law, inventions include inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. Non-patented technology, also known as proprietary technology and technical secrets, refers to all kinds of technologies and experiences that are not known to the outside world and are adopted in production and business activities and do not enjoy legal protection. Such as unique design, modeling, formula, calculation formula, software package, manufacturing process and other technical know-how, technical secrets and so on. An intangible asset of an enterprise. The Supreme People's Court's "Provisions on Several Issues in the Trial of Scientific and Technological Disputes" stipulates that non-patented technological achievements shall meet the following conditions: (1) technical scheme or proprietary technology including technical knowledge, experience and information; (2) in a secret state, that is, it cannot be directly obtained from open channels; (3) it has practical value, that is, it can make everyone gain economic benefits or competitive advantages; (4) The owner has taken appropriate confidentiality measures and failed to provide them to others who have no agreed confidentiality obligations. The technology of an enterprise, as long as it has the above characteristics, is the non-patented technology of the enterprise.