How to choose patent protection and trade secret protection
When an enterprise develops a new technical solution, whether to choose patent protection or trade secret protection depends on the following situations:
First, if it cannot be protected by patent law, it should be protected by trade secrets. One type is not a patent Objects protected by law, such as traditional Chinese medicine and acupuncture methods. The second is that the creativity is not high enough to meet the conditions for patent authorization. In these two cases, it is protected by trade secrets.
Second, it is easy for competitors to The open plan is protected by trade secrets, such as traditional Chinese medicine formulas.
Third, the product life cycle is too long or too long This short solution is not suitable for patent protection. Since the protection period of utility model patents is ten years and the protection period of invention patents is twenty years, for technical solutions with a long product life cycle, if the protection period has expired and it enters the public domain, the company will not be able to enjoy exclusive rights. It is better to protect it as a trade secret, and the patent authorization period needs to be at least half a year. If the product life cycle is only less than one month, there is no need to apply for patent protection.
Defects in patent protection
It is expressed in the following four aspects:
1. Patent protection has a limited time limit. According to China's " The Patent Law stipulates that inventions and creations include three categories, namely inventions, utility models and designs. The protection period of invention patent rights is 20 years, and the protection period of utility model patent rights and design patent rights is 10 years. This shows that once After an invention is patented, it can only obtain legal protection for a maximum of 20 years. Beyond this period, the company's inventions and technological innovations will be placed in the public domain and contributed to society free of charge. Any company can use the invention or technology for free. Innovation.
2. Patent protection destroys confidentiality. Because when applying for a patent, the company's invention and creation must be disclosed to the public, making the technology a publicly known technology. In this way, anyone can easily obtain the patented technology. Therefore, the disclosure of patented technology undoubtedly provides practical conditions for unscrupulous companies to infringe patent rights.
3. Patent protection will make companies lose their competitiveness. After scientific research results are granted a patent, other companies can develop new inventions and creations based on the patented technology and obtain new patents. Although the company's patents are still protected by law, they have become less effective than newer technologies. At a disadvantage, companies will lose their competitiveness.
4 , Patent protection comes at a cost. Applying for a patent requires paying aThere is a fixed fee, and an annual fee must be paid after obtaining the patent.
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