Article 25 of the Patent Law clearly stipulates several situations in which the patent right is not granted, including "scientific discovery":
Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation;
(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.
Scientific discovery refers to the revelation of objectively existing substances, phenomena, changing processes, characteristics and laws in nature. Scientific theory is a summary of the understanding of nature and a broader discovery. These recognized substances, phenomena, processes, characteristics and laws are different from the technical scheme to transform the objective world, and do not belong to inventions in the sense of patent law, so patent rights cannot be granted. For example, it is found that silver halide has photosensitive properties under illumination, and this discovery cannot be patented, but the photosensitive film manufactured according to this discovery and the manufacturing method of this photosensitive film can be patented.
Therefore, if we can use the newly discovered theories and laws to make new products that can solve technical problems, or invent new uses of products or substances, we can apply for patents for the products or uses.
Otherwise, the results can only be transformed by publishing academic papers.