(A) the concept of distinguishing business secrets is the property right of enterprises, which is related to the competitiveness of enterprises, is crucial to the development of enterprises, and some even directly affect the survival of enterprises. Intellectual property rights such as trade secrets can apply for emergency preservation. Patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee. In China, there are three kinds of patents: inventions, utility models and designs. (2) The protection system is established for different purposes. Trade secrets are secret weapons of secrecy. They are protected by the anti-unfair competition law, with the aim of maintaining fair competition. Patent is a legal monopoly right granted by the state and protected by patent law, with the purpose of encouraging innovation. (III) Different scope of protection From the conceptual analysis of the two, it can be seen that the scope of protection covered by trade secrets is relatively wide, including technical information and commercial information. As long as the information can't be classified as "inventions, utility models and designs", it can be protected as trade secrets, including but not limited to design schemes, patentable devices or technical methods, even test records during research and development or any other information with future value. The scope of patent protection has certain limitations, and at least some information needs to be disclosed, such as instructions, drawings, specific implementation methods, etc. (4) The way and cost of obtaining patent right are different. Where a patent right is obtained on the basis of an application and is authorized by an administrative organ's announcement, the invention and utility model that has been granted a patent right shall be novel, creative and practical, and shall be made public after being granted a patent right. The term of invention patent is 20 years, and the term of utility model and design is 10 years (the design is expected to be changed to 15 years), which needs to be renewed after the expiration. The acquisition of trade secrets does not need the approval of administrative organs, as long as the information conforms to confidentiality, confidentiality and value (especially novelty is not an essential element of trade secrets, novelty is one of the conditions that legal concepts and patent rights need to meet in the patent system, and it cannot be applied to the trade secret system. ), the owner of the core technical information to take security measures. In addition, there is no time limit for trade secrets. As long as the obligee keeps treating a certain information as a trade secret, the information will take effect immediately from the date of its generation, and the identity of a trade secret can be maintained without applying for registration with any institution or paying any fees. But there seems to be no official cost, and according to the theory of "free is the most expensive", enterprises usually need to take a series of confidentiality measures to maintain trade secrets, and the cost of these measures may be unlimited. (V) Patents with different consequences of publicity were obtained under the premise of publicity, and their rights were protected through publicity. Once a trade secret is made public, it is no longer protected. (VI) Principle of Determination of Infringement Patent infringement is determined by judging whether the alleged infringing technical scheme belongs to the scope of patent protection, and the principle of equivalent infringement or equivalent infringement is mainly applicable. If the technical features of the technical scheme accused of infringement are less than one of the technical features recorded in the claim, or more than one technical feature is different or the same, the people's court shall determine that it does not belong to the scope of patent protection. The principle of judging the infringement of trade secrets is mainly the same or substantially similar+connection-legal source. Different from the judgment of patent infringement, it is necessary to judge whether the accused infringer has actually or may have contacted the trade secrets of the obligee.