Why didn't the hybrid rice in Yuan Longping apply for patent?

Yuan Longping's hybrid rice belongs to the scope of intellectual property protection, but it can't apply for a patent, because the fourth item of Article 25 of the Patent Law stipulates that new plant varieties can't apply for a patent right. Moreover, hybrid rice technology is approved by the state and funded by the state.

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.

Patent right is the exclusive right to exploit a specific invention and creation within a certain period of time, and it is a kind of intellectual property right. China promulgated the Patent Law on 1984, and the detailed rules for its implementation on 1985, which made specific provisions on related matters.

Extended data

At the time when hybrid rice was discovered, it was impossible for Yuan Longping to apply for any relevant patents, and the patent law of China had not been implemented (1984 was implemented).

The international rule is that the patent is valid for 20 years, and the first hybrid rice was bred in 1975. Even if you can apply for a patent in that year, China will use WA CMS cytoplasm to breed hybrids in the next 20 years, which is only a patent fee for 20 years. And the patent fee can't be high, because hybrid rice is not as popular as hybrid corn.

Although the yield of hybrid rice is high, its quality is not high. The share of promoting the cultivation of hybrid rice for 20 years is only 30%. If the patent fee is charged, then this share is not available. That's for sure. In such a period of time, it is obviously unrealistic to expect to become the richest man with such a slow promotion.

References:

Baidu encyclopedia hybrid rice

Baidu encyclopedia patent law