Can I apply for a patent for local native products?

Hello, I'm a law student. According to the law I know, native products cannot be patented. But you can apply for trademark registration, such as a local product called "XXX". After the trademark is registered, others cannot use the same or similar trademark on this local product. Many local products do this now.

Article 1 of the Patent Law stipulates: "This Law is formulated in order to protect the patent right of invention and creation, encourage invention and creation, facilitate the popularization and application of invention and creation, promote the progress and innovation of science and technology, and meet the needs of socialist modernization."

Article 2 stipulates: "Invention-creation as mentioned in this Law refers to inventions, utility models and designs."

Article 22 stipulates: "Inventions and utility models for which patent rights are granted shall be novel, creative and practical.

Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date.

Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

Article 25 stipulates: "No patent right shall be granted to the following projects:

(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) substances obtained by nuclear transformation.

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. "

You gave too little information. I can't judge whether your local products are inventions, but I can't let you reveal them. So I can only provide some legal provisions and judge for myself. If you think it's almost the same, apply to the State Patent Office.

PS: The processing method of the product can be patented!