Legal analysis: Yes. Patent rights cannot be granted for new varieties of animals and plants in my country, but patent rights can be granted for methods of cultivating animal and plant varieties.
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) Substances obtained by atomic nuclei transformation method;
(6) Designs made on the patterns, colors, or a combination of the two of flat printed matter, which mainly serve as a mark.
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.