Trade secrets refer to technical and commercial information that is unknown to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. Trade secrets are "unknown to the public", that is, as long as they are not common information well known in the industry, information that can keep the lowest secrecy or novelty different from common information constitutes trade secrets.
A patent is an invention-creation, that is, an application for a patent for an invention, utility model or design is filed with the State Patent Office, and after being examined and approved according to law, it is granted the exclusive right of invention-creation within a specified time.
2. Different components
Trade secrets must meet the constitutive requirements, be non-public, practical and valuable, and have taken confidentiality measures. These requirements are indispensable. It may become a trade secret, depending on whether the above four conditions are met.
The patent is determined according to the applicant's application. Inventions and utility models granted patent rights should be novel, creative and practical.
3, the difficulty of implementation is different.
The implementation of trade secrets is more difficult than patents.
Extended data:
No patent right is granted.
1. According to Article 5 of the Patent Law of People's Republic of China (PRC), no patent right shall be granted for inventions that violate laws, social morality or harm public interests; No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations or completed by relying on genetic resources;
2. According to the provisions of Article 25 of the Patent Law of People's Republic of China (PRC), the circumstances in which the patent right is not granted include:
A. scientific discoveries;
B. rules and methods of intellectual activities;
C. diagnosis and treatment of diseases;
D. animal and plant varieties;
E. substances obtained by nuclear transformation;
F. Patterns are mainly used to mark the patterns, colors or the combination of the two.
References:
Baidu encyclopedia-patent
References:
Baidu encyclopedia-trade secrets