Are there patents for new varieties of agricultural products?

New plant varieties are not patents. According to the relevant laws and regulations, patents are not granted for various technologies such as animal and plant varieties, diagnosis methods of diseases, treatment methods of diseases, nuclear transformation methods, scientific discoveries, patterns of printed matter, etc.

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.