Can medical technology be patented?

The diagnosis and treatment of diseases in medical technology cannot be patented, but other medical technologies can be patented. According to Article 25 of the Patent Law of People's Republic of China (PRC), the diagnosis and treatment of diseases are not patented, but the production method of medical technology products can be patented.

legal ground

Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to the following items: (1) scientific discovery; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) Nuclear transformation methods and substances obtained by nuclear transformation methods; (six) the design of the pattern, color or the combination of the two. The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.