Judgment Standards For The Confidential Nature Of Technical Secrets Differ From Those For Patent Novelty And Inventiveness

Recently, the SPC resolved a dispute over technical secret infringement, specifying the differences in judgment standards for the confidential nature of certain technical information and for patent novelty and inventiveness. This case is significant to correctly understanding and assessing whether technical information has the confidential nature as a trade secret.

This case is one of series cases of disputes over patent ownership and technical secret infringement between Zhejiang A Company and B Company. Zhejiang A Company claimed in this case that two technical managers left Zhejiang A Company and joined B Company's affiliate in the same month and then joined B Company 4 months later when B Company was established; 5 months after their resignations, they filed a utility model patent application in the name of B Company for the R&D achievements of Zhejiang A Company (the disputed patent), which was later granted and disclosed. Zhejiang A Company claimed that B