Two, the new varieties of plants granted variety rights should be novel.
Three, the new varieties of plants that have been granted variety rights should be consistent, that is, the new varieties of plants that apply for variety rights are propagated, and their related characters or characteristics are consistent except for foreseeable variation.
Four, the new varieties of plants that have been granted variety rights should be stable, that is, after repeated propagation or at the end of a specific propagation cycle, the relevant characters or characteristics of the new varieties of plants that have applied for variety rights remain unchanged. Five, the new varieties of plants that have been granted variety rights shall have an appropriate name, which is different from the name of the known varieties in the same or similar plant genus or species.
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;
(5) substances obtained by nuclear transformation;
(six) the design of the pattern, color or the combination of the two.
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.