Legal analysis: No patent right can be granted. China's patent law clearly stipulates that scientific discoveries are not granted patent rights. Scientific discovery refers to the revelation of unknown substances, phenomena, changing processes, characteristics and laws that exist objectively in nature. Scientific theory is a summary of the understanding of nature and a broader discovery. All belong to the extension of people's understanding. These recognized material phenomena, processes, characteristics and laws are different from the technical scheme to transform the objective world and do not belong to the invention in the sense of patent law.
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) 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.