Is there a patent right for new animal varieties?

No patent right shall be granted to new animal varieties. According to the relevant laws and regulations, if the subject matter of the application belongs to animal and plant varieties, disease diagnosis methods, disease treatment methods, nuclear transformation methods and scientific discoveries, the State Patent Administration Department shall not grant the patent right.

legal ground

Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to the following items: (1) scientific discovery; (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.