Compared with patented technology, technical secrets are both the results of human intellectual activities and spiritual creative activities. They both have technical and economic value. Both are technical, secret and practical. characteristics, but legally they are quite different.
1． In terms of the technical scope involved, technical secrets include technologies that can be expressed in writing, as well as practical experience and skills that cannot be expressed in writing. Patents are limited to technology expressed in writing.
2． To the extent of disclosure, technical secrets are secret technologies that are not made public and should be kept as secret as possible. Once the confidentiality is lost, it usually cannot be protected. Patents are semi-public. When applying for a patent, the inventor must disclose his invention in the patent application and make it public. The patentee usually keeps the core technology secret.
3. In terms of protection period, the protection period of technical secrets is generally reflected in the contract. As long as the secret is strictly kept and not leaked, it can be held for a long time. According to the patent laws of various countries, the protection period of patents is generally 10-20 years.
4. In terms of legal status, the legal nature of technical secrets is still uncertain. They usually obtain legal protection based on relevant regulations such as civil law, criminal law, and anti-unfair competition law, and their legal status is weak. Patents are protected by national patent laws and have a strong legal status.