Legal analysis: It is not stipulated in Article 25 of the Patent Law that the patent right cannot be granted to animal and plant varieties, but the method of cultivating animal and plant varieties can be granted a patent right. The protection of new plant varieties is a kind of intellectual property protection, which protects the rights of breeders related to their cultivated varieties. In different countries, the specific forms of protection are not completely consistent. In China, new plant varieties are protected in the form of new plant variety rights.
Legal basis: Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to animal and plant varieties, but can grant patent right to the cultivation methods of animal and plant varieties. The protection of new plant varieties is a kind of intellectual property protection, which protects the rights of breeders related to their cultivated varieties. In different countries, the specific forms of protection are not completely consistent. In China, new plant varieties are protected in the form of new plant variety rights.