Legal analysis: Scientific discoveries cannot be patented.
Scientific discovery refers to the revelation of unknown substances, phenomena, change processes, and their characteristics and laws that exist objectively in nature. Scientific theory is a summary of the understanding of the natural world and a broader discovery. They are all extensions of people's understanding. These recognized material phenomena, processes, characteristics and laws are different from technical solutions to transform the objective world, and are not inventions and creations in the sense of patent law. For example, the discovery that silver halide has photosensitive properties when exposed to light cannot be patented, but the photosensitive film manufactured based on this discovery and the manufacturing method of the photosensitive film can be patented. For another example, finding a previously unknown substance in a natural form from nature is just a discovery and cannot be patented.
Legal basis: Article 5 of the "Patent Law of the People's Republic of China" No patent rights will be granted for inventions and creations that violate the law, social ethics or harm the interests of the public.
Patent rights will not be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources.