The difference between trade secrets and patents

1. Rights are generated in different ways. According to the concept of civil law, the acquisition of trade secrets belongs to the original acquisition, which is based on the intellectual labor achievements of the obligee himself, and is obtained once it is produced, and is not bound by others; In addition to the creation of one's own intellectual achievements, the patent right must also be obtained according to the application, that is, "the patent administrative department of the State Council uniformly accepts and examines the patent application and grants the patent right according to law". This department is responsible for the management of patent work throughout the country; 2. The conditions of the two rights are different, that is, whether to disclose their technical information is the prerequisite for acquisition. Compared with patent rights, the acquisition of trade secrets is based on the non-disclosure of technical information, that is, the confidentiality of technical information is the most basic condition for the production of trade secrets. As far as patent rights are concerned, the acquisition of monopoly right is a way for the public to disclose their patents and sign special contracts with the society to obtain rights. Therefore, whether it is open or not is the most basic and different condition for the two rights to emerge. 3. The scope of the right subject is different. Throughout the patent laws of various countries, only one patent right is granted for an invention, and the patent right is obtained on the principle of prior application or invention, and the right subject is unique. Even if others make the same invention in the future, they can no longer obtain the patent right and can't use it freely. However, the subject of obtaining the right of trade secrets is not clearly limited, and even competitive. As long as the independent subject obtains the same or similar technology through independent research and development, creation or other legal means, as long as it is not disclosed to the outside world, it can become the owner of trade secrets. 4. The object scope of rights is different. Trade secrets are divided into technical information and commercial information, and the trade secrets mentioned in this paper refer to technical information. The object of patent right, namely invention, utility model and design, belongs to the category of technical information. Even in the field of technical information, the scope as the object of patent right is smaller than that as the object of trade secret right. For example, new varieties of animals and plants can not be granted patent rights in front of China, but can be protected as trade secrets. In addition, the object of patent right can only be a complete technical scheme, while the object of trade secret includes an unfinished technical scheme. 5. The requirements for obtaining trade secret right and patent right are different. As far as patent rights are concerned, inventions and utility models granted patent rights should be novel, creative and practical. The law has clear and detailed provisions on the acquisition of patent rights, and there will be many restrictions on the acquisition of a patent. However, trade secrets are obtained automatically and there are requirements for non-disclosure, so as long as they are secret. The difference between trade secrets and patents is as above.