How to apply for a patent for bioinformatics?

Animals and plants are living objects. Animals mentioned in the Patent Law refer to creatures that can't synthesize themselves, but can only sustain their lives by ingesting natural carbohydrates and protein. The plants mentioned in the Patent Law refer to the living organisms that synthesize carbohydrates and protein from inorganic substances such as water, carbon dioxide and inorganic salts by means of photosynthesis, and usually do not move.

This variety cannot be patented. Species of animals and plants can be protected by laws other than the patent law.

In addition, the second paragraph of Article 25 of the Patent Law stipulates that the production method of animal and plant varieties may be granted a patent right in accordance with the provisions of the Patent Law. The production methods mentioned here refer to non-biological methods, mainly excluding biological methods for producing animals and plants.

Whether a method belongs to "mainly biological method" depends on the degree of human technical intervention in this method; If artificial technical intervention plays a major control or decisive role in the purpose or effect of this method, then this method does not belong to "mainly biological method" and can be granted a patent right. For example, the method of producing high-yield grandma cattle by irradiation feeding; The method of producing lean pigs by improving the feeding method can obtain the invention patent right.

The so-called microbial invention refers to the invention of using bacteria, fungi, viruses and other microorganisms to produce a chemical substance (such as antibiotics) or decompose a substance. Microbiology and microbiological methods can be patented.