A new plant variety refers to a plant variety that has been artificially cultivated or developed from the discovered wild plants, is novel, specific, consistent and stable, and is appropriately named.
Patent right, referred to as "patent" for short, is a kind of intellectual property right, which is the exclusive right to implement a specific invention and creation within a certain period of time. China promulgated the Patent Law on 1984, and the detailed rules for its implementation on 1985, which made specific provisions on related matters.
patent law of the people's republic of china
Article 25
No patent right shall be granted to the following projects: (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.