New plant varieties are not patents, but the parties concerned may apply for a patent for the production method of new plant varieties according to law. Those who can apply for a patent are mainly inventions, utility models and designs. Legal objectivity:
Article 2 of the Patent Law of the People's Republic of China Invention and creation mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is based on the shape, pattern or their combination of products and the combination of color, shape and pattern. Article 25 of the Patent Law of the People's Republic of China shall not grant a patent right 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) substances obtained by nuclear transformation; (six) the design of the pattern, color or the combination of the two of the plane printed matter. A patent right may be granted to the production method of the products listed in Item (4) of the preceding paragraph in accordance with the provisions of this Law.