Can animal and plant varieties be patented?

Legal analysis: animal and plant varieties cannot be patented. New animal and plant varieties are discovered, not created. Therefore, it can not be protected by patent right, which does not meet the requirements of practicality and innovation. However, the method of making animal and plant varieties can be patented.

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;

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.