Can I apply for a new technology patent?

This new technology can be patented. The new technology is a novel, creative and practical invention. And according to the provisions of Article 25 of the Patent Law, scientific discovery; Rules and methods of intellectual activities; Diagnosis and treatment of diseases; There are no patents on animal and plant varieties, and new technologies are not one of them.

legal ground

Article 2 of the Patent Law of People's Republic of China (PRC)

Invention-creation as mentioned in this Law refers to inventions, utility models and designs.

Article 22

Inventions and utility models granted patent rights should be novel, creative and practical.

Article 25

No patent right shall be granted for the following items:

(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) 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.