What does the patent law not protect?

The patent law does not protect the following objects: contents belonging to scientific discoveries, nuclear transformation methods, animal and plant varieties, diagnosis methods of diseases, treatment methods of diseases, etc. However, if the production methods of the above-mentioned animal and plant varieties are authorized to obtain patents according to law, they shall be protected by the patent law according to law.

legal ground

Article 25 of the Patent Law of People's Republic of China (PRC)

No patent right shall be 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) 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.