New plant varieties cannot be patented. According to the relevant laws and regulations, animal and plant varieties, diagnosis methods of diseases, treatment methods of diseases, nuclear transformation methods, scientific discoveries, etc. Can't apply for a patent. However, you can apply for the production method of animal and plant varieties.
Legal objectivity:
Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to the following items: (1) scientific discovery; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) Nuclear transformation methods and substances obtained by nuclear transformation methods; (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.