Legal analysis: Dishes cannot be patented. The so-called "rules and methods of intellectual activities" in the patent law mainly refer to the products of pure thinking activities, such as chess game rules and chess playing methods. Article 2 of the Patent Law explains inventions and creations. Whether it is an invention patent or a utility model patent, it must be a certain technical solution.
Legal basis: Article 25 of the "Patent Law of the People's Republic of China" does not grant patent rights for the following items:
(1) Scientific discoveries;
(2) Rules and methods of intellectual activities;
(3) Diagnosis and treatment methods of diseases;
(4) Animal and plant varieties;
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(5) Atomic nucleus transformation method and substances obtained by atomic nucleus transformation method;
(6) Designs made on the pattern, color or combination of the two that mainly serve as a mark for flat printed matter .
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.