What is the definition of non-patented technology? What is non-patented technology?

Non-patented technology is also called "know-how" and "know-how". Refers to technical knowledge unknown to the outside world, 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. Therefore, it is not protected by law and has no expiration date. As long as it is not made public, it can be effectively used and can be transferred with compensation. Non-patented technology can be purchased from outside and recorded according to the actual price paid. But most of the non-patented technologies are created by enterprises themselves. Self-created non-patented technology needs a lot of research and development expenses, which should be capitalized in principle and shared later. Non-patented technology is often gradually formed through long-term production and operation experience accumulation, and it is impossible to predict whether non-patented technology will be formed. Even if it is intentionally formed, it is impossible to determine which expenditures are related to future non-patented technologies, so most of them will not be capitalized in practice. According to the provisions of the current financial system, the appraisal of non-patented technology should be evaluated and confirmed by a statutory appraisal institution.

(Article 6 of the Regulations for the Implementation of People's Republic of China (PRC) Technology Contract Law 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 for which no patent right is granted according to the Patent Law "

Article 25 of the Patent Law of People's Republic of China (PRC) stipulates: "No patent right shall be granted to the following items:

First, scientific discovery;

Second, the rules and methods of intellectual activities;

Third, the diagnosis and treatment of diseases;

Fourth, animal and plant varieties;

5. Substances obtained by nuclear transformation. The production method of the products listed in item 4 of the preceding paragraph may be granted a patent right in accordance with the provisions. "

The Supreme People's Court's "Provisions on Several Issues Concerning the Trial of Scientific and Technological Dispute Cases" 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 public 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.