Legal analysis: The objects that are not protected by the patent law include: animal and plant varieties, diagnosis methods of diseases, treatment methods of diseases, laws and methods of intellectual activities, nuclear transformation methods, scientific discoveries, etc. However, patents can be granted for the production methods of animal and plant varieties according to law. According to Articles 5 and 25 of China's Patent Law, no patent right is granted to the following objects: 1. No patent right shall be granted for inventions and creations that violate laws, social ethics or hinder public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources. 2. Scientific discovery. 3. Rules and methods of intellectual activities. If it is a product such as tools, equipment and devices used for intellectual activities, a patent right may be granted. 4. Diagnosis and treatment of diseases. Instruments and drugs used to diagnose or treat diseases can be granted patent rights. 5. New varieties of plants and animals. The method of cultivating and producing animals and plants can be patented. 6. Substances obtained by nuclear transformation. 7. Patterns are mainly used to mark the patterns, colors or the combination of the two.
Legal basis: Article 5 of the Patent Law of People's Republic of China (PRC) does not grant patent right to inventions that violate laws, social morality or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.
Article 25 No patent right shall be granted for 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) substances obtained by nuclear transformation; (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.