According to the provisions of Article 25 of the Patent Law, no patent right shall be granted 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.
A patent right may be granted to the production method of the products listed in Item (4) of the preceding paragraph.
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.
A patent right may be granted to the production method of the products listed in Item (4) of the preceding paragraph.