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 varieties of animals and plants is a kind of intellectual property protection, which protects the rights of breeders related to the varieties they cultivate. In different countries, the specific forms of protection are not completely consistent. In China, the form of protection of new plant varieties is the right of new plant varieties.
Legal basis: Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to 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) 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. .