Can new varieties of animals and plants be patented in China?

Patents cannot be granted for new varieties of animals and plants in China, but patents can be granted for methods of cultivating animal and plant varieties.

According to the provisions of Article 25 of the Patent Law of People's Republic of China (PRC), no patent right is granted for 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.

Extended data:

Article 30 of the Patent Law of People's Republic of China (PRC) Where an applicant claims priority, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority.

Article 31 An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application. An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.

China People's Congress Network-People's Republic of China (PRC) Patent Law