Objects not protected by the patent law include: animal and plant varieties, disease diagnosis methods, disease treatment methods, rules and methods of intellectual activities, atomic nuclei transformation methods, scientific discoveries, etc. However, patent rights can be granted by law for methods of production of animal and plant varieties.
Legal Basis
Article 25 of the Patent Law of the People’s Republic of China that took effect on June 1, 2021
For the following No patent rights are granted for items:
(1) Scientific discoveries;
(2) Rules and methods of intellectual activities;
(3) Diagnosis of diseases and treatment methods;
(4) Animal and plant species;
(5) Atomic nuclei transformation methods and substances obtained by nuclear transformation methods;
(6) ) A design made from the pattern, color, or combination of the two on a flat printed matter that serves primarily as a logo.
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.