Advantages of patent protection: 1. Exclusive. If the non-patentee wants to use the patented technology of others, he must obtain the consent or permission of the patentee according to law. 2. Enjoy the priority. According to the provisions of the Paris Convention for the Protection of Industrial Property, within a certain period of time, the late application filed by the applicant enjoys the priority compared with the application filed by others on the same subject after the first application date. 3. Patents can be mortgaged, and can be assessed as assets-invested enterprises.
Disadvantages of patent protection: 1. Regionality. The patent right granted by a country according to its patent law is only valid within the jurisdiction of that country, and it is not binding on other countries. Foreign countries have no obligation to protect their patent rights. If an invention is patented only in China, then the patentee only enjoys exclusive rights or exclusive rights in China. 2. Patents are public, and technical inventors make their technology public in return for the exclusive right granted by law, so that the public can obtain information about patented technology through normal channels. 3, timeliness, the patent is only valid within the time limit prescribed by law. After the expiration of the effective protection period of the patent right, the patent right enjoyed by the patentee will be automatically lost and generally cannot be renewed. With the end of the protection period, the invention becomes the public wealth of the society, and others can freely use the invention to create products.
the protection of business secrets means that workers are not allowed to use the business secrets of enterprises to engage in personal profit-making activities during the labor contract period and within a period after the dissolution or termination of the labor contract, and they are not allowed to disclose, use or allow others to use the business secrets they have unless they are in accordance with the provisions of the law or the promise of the enterprise.
Advantages: 1. It has the advantage of time limit, and the protection period of trade secrets is uncertain. If it can be kept secret forever, it will enjoy unlimited protection period. If it is leaked in a short period of time, the protection period will also end; And all kinds of rights in intellectual property rights have a protection period. 2. It has geographical advantages, and the trade secret has no regional characteristics. Its owner can issue licenses to anyone who is willing to get it in any country; Intellectual property rights are subject to regional restrictions. Intellectual property rights in one country may not necessarily have corresponding rights in another country, but your information is disclosed worldwide. 3. It has the advantage of confidentiality, and business secrets are not open; Patents, trademarks and copyrights are all open. 4. The protection of trade secrets is an important weapon and property for business operators. 5. Trade secret protection is an independent means of intellectual property protection.
Disadvantages: 1. Not clear about what is a trade secret; 2. Lack of systematic and effective protection for the business secret areas of this enterprise.