Legal analysis: animal and plant varieties, diagnosis methods of diseases, treatment methods of diseases, rules and methods of intellectual activities, nuclear transformation methods, scientific discoveries, etc. However, for the production methods of animal and plant varieties, patents can be granted according to law.
Legal basis: Article 5 of the Patent Law of the People's Republic of China
No patent right shall be granted for inventions and creations that violate laws, social ethics or prejudice the interests of the public.
No patent right shall be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and are completed by relying on the genetic resources.
Article 25 No patent right shall be granted for 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 of the plane printed matter.
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.