What is non-patented technology? How to distinguish?
What is a non-technical patent? Before the patentee applies for a patent or develops a patented technology, we suggest that the patentee should first have a good understanding of what is a patented technology and what is a non-patented technology. If you don't distinguish between a non-patented technology and a patented technology, you may apply for something wrong and accidentally apply for a non-patented technology. Although there are few applications for non-patented technology, we should be prepared. Non-patented technology The so-called non-patented technology 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. The emphasis here is on unprotected experience, mainly experience; Such as unique design, modeling, formula, calculation formula, software package, manufacturing process and other technical know-how, technical secrets, etc. An intangible asset of an enterprise. Non-patented technology, like patent right, can make enterprises in an advantageous position in the competition and bring economic benefits to enterprises in the future. Unlike patent rights, non-patented technologies are not registered in patent offices, but monopolized by secret means. Article 6 of the Regulations on the Implementation of People's Republic of China (PRC) Technology Contract Law (invalid) stipulates that non-patented technologies include: (1) technological achievements that have not been patented; (2) Technological achievements that have not been granted patent rights; (3) Technological achievements that are not patented according to the Patent Law, so the patentee needs to know that the patented technology cannot be patented in this case, such as the rules and methods of intellectual activities, diagnosis and treatment of diseases; Animal and plant varieties; Laws and regulations, etc. There may be some patented technologies that are prohibited by the state, and the contents that are not allowed by law cannot be patented. Therefore, the patentee needs to remember these situations to avoid the situation that applying for a patent takes time and energy and eventually fails.