Legal analysis: Methods of diagnosis and treatment of diseases in medical technology cannot be patented. No patent rights are granted for the following items: (1) scientific discoveries; (2) rules and methods of intellectual activities; (3) methods of diagnosis and treatment of diseases; (4) animal and plant varieties; (5) transformation with atomic nuclei Substances obtained by methods, etc.
Legal basis: Article 25 of the "Patent Law of the People's Republic of China" does not grant patent rights for the following items:
(1) Scientific discoveries;< /p>
(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant varieties;
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(5) Substances obtained by atomic nuclear transformation;
(6) Designs made on the patterns, colors, or a combination of the two of flat printed materials that mainly serve as a mark.
Patent rights may be granted in accordance with the provisions of this Law for the production methods of the products listed in item (4) of the preceding paragraph.