Can intangible cultural heritage be patented?

Legal analysis: No, intangible cultural heritage belongs to the same property of society, not individuals. Patents protect the legitimate rights and interests of patentees and protect private rights.

Legal basis: Patent Law of People's Republic of China (PRC) Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.

Intangible cultural heritage law

Article 1 This Law is formulated in order to inherit and carry forward the excellent traditional culture of the Chinese nation, promote the construction of socialist spiritual civilization and strengthen the protection and preservation of intangible cultural heritage.

Article 2 Intangible cultural heritage as mentioned in this Law refers to various forms of traditional cultural expressions handed down from generation to generation by people of all ethnic groups, as well as articles and places related to traditional cultural expressions.