1, technical field. Although scientific and technological achievements and patents are related to all technical fields, they are not completely coincident. Generally speaking, scientific and technological achievements involve more technical fields than patents. From the content of the object of patent protection, it should include various technical fields. However, due to national security interests and major economic interests, governments in some fields will not grant patents for inventions for the time being. If the substance is directly obtained by nuclear transformation, it can not be patented in China at present. Due to the limitation of natural conditions and the particularity of this field, inventions in some fields cannot meet the stability of reproducible licensed technology, so they cannot be granted patent rights. Those who need special laws and regulations to protect, such as animal and plant varieties, cannot apply for patents, and can only be protected through the Regulations on the Protection of New Varieties of Plants or the Regulations on the Protection of New Varieties of Animals. There are also inventions in some fields that are influenced by the differences between humans and animals. The symptoms of the same disease may be different for different people or different animals in the same animal, and the stability of this method is affected, so the diagnosis method of the disease cannot be patented. But it has become a scientific and technological achievement.
2. The scale of technology. Scientific and technological achievements are generally released by the state, province (or department) and municipal government departments, and completed by scientific research units, universities and enterprises; Or scientific research units, universities and enterprises shall formulate scientific research plans, product research plans or product transformation projects according to market needs, which shall be completed by themselves, cooperation or others. The products involved are generally complete products or trapped parts, and the methods involved are complete methods or complete processing techniques for producing products, so it is a relatively large product research project or a relatively large method research project. However, patented technology can be a production method, process method project, product research project, product transformation and technological innovation project completed by a unit, or a small invention and creation completed by an individual. Moreover, all parts that have certain functions and functions and can be sold independently can apply for patent protection separately, that is to say, the whole machine product can apply for patent as a whole, and innovative parts can also apply for patent separately. In this way, a new product can be protected by multiple patents. The scale of patented technology projects can be large or small. From the national "863" project to the scientific and technological innovation projects in daily life, such as baby carriages, kitchen utensils and entertainment appliances.
3. Maturity of technology. Generally speaking, compared with patented technology, the technological maturity of scientific and technological achievements is relatively high, while the technological maturity of patented technology is relatively low. Because scientific and technological achievements have generally passed the laboratory pilot stage, and some have also carried out pilot tests, the technology is mature, the implementation risk is relatively small, and it is easy to popularize. The maturity of patented technology is relatively low, because the patent law only stipulates that the invention-creation for which a patent is applied is a technical scheme, but does not stipulate the technical maturity achieved by this technical scheme. Therefore, this technical scheme can be a technical idea or a mature technology after scientific experiments. It depends on the degree to which the patent applicant has completed the technology. If the technical scheme he proposed is only a feasible technical conception scheme in principle, then the maturity of the patented technology is low. If the technical scheme proposed by him is not only feasible in principle, but also a product in the experimental stage, or a product that is about to be put on the market for patent application, then the technical level of the patent will be higher. Due to the particularity of patented technology, the implementation risk is high and the technology conversion rate is relatively low. However, it is precisely because patented technology can be a technical scheme in the conception stage that it is more forward-looking and advanced than scientific and technological achievements. Therefore, the open patent technology and patent application technology can better reflect the development trend, level and trend of contemporary science and technology and the technical maturity of a certain technical field in time.
4. Technical level. Technical level refers to the appraisal level of scientific and technological achievements and the level of patent authorization. Scientific and technological achievements are identified by the administrative department representing the country or the department authorized by the state and belong to the national scientific and technological project; Scientific and technological achievements identified by the provincial and ministerial administrative departments are provincial and ministerial scientific and technological projects; Municipal science and technology projects and so on. The appraisal project of this level can only represent the technical level of this level, and cannot explain that other countries, provinces and cities do not have the same or similar technology or more advanced technology. Of course, some national projects may have reached the same level, advanced level or leading level in the world, and some may have filled the gap in a certain technical field in the world. The level of patent authorization is only a level of the country. China National Intellectual Property Administration accepts and examines patent applications on behalf of the country and grants patent rights to patent applications that meet the authorization conditions. Novelty, creativity and practicality are the essential conditions for the authorization of patents for inventions or utility models. Its specific meaning is: (1) novelty: the invention or utility model had no equivalent invention or utility model at home and abroad before its filing date. Specifically, before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was filed by others with the Patent Administration Department of the State Council and recorded in the application documents published after the filing date. (2) Creativity: Compared with the existing technology before the filing date, the invention or utility model has its own characteristics, and this characteristic is obtained through creative labor. At the same time, this kind of creative labor has higher requirements for invention patent application, that is, the invention has outstanding substantive characteristics and remarkable progress compared with the existing technology, and the requirements for utility model patent application are lower, that is, the utility model has substantive characteristics and progress compared with the existing technology. (3) Practicality: the invention or utility model can be manufactured or used, and can produce positive effects. As the invention patents have been formally examined as well as substantively examined for novelty, creativity and practicality, the authorized patented technologies are all new technologies in China. In this sense, compared with scientific and technological achievements, patented technology is more forward-looking, predictive and advanced in the world.
5. Legal protection of technology. Scientific and technological achievements are intellectual resources that are not protected by law, and their owners do not enjoy the exclusive right to implement the achievements, so they have no right to prevent others from implementing them. It can be said that as soon as scientific and technological achievements are made public, they will be given to the whole world for free. A patent is a technology protected by law, and the patentee can monopolize the technology for a certain period of time, and can monopolize, license or transfer it to others for exploitation. It can not only effectively stop competitors' imitation behavior, but also prevent competitors from using, promising to sell, selling and importing. It can maintain the market share and competitiveness of products to the maximum extent and obtain the greatest economic benefits. This can not only arouse the patentee's enthusiasm for technological innovation, but also contribute to the development and implementation of patented technology, rationally allocate technological innovation resources and accelerate the pace of technological progress and economic development.