Legal analysis
According to the above contents, scientific discovery mainly refers to people's observation, analysis and research, and reveals what objectively exists but people have not yet realized or realized. Because scientific discoveries and scientific principles cannot be directly materialized into products, at the same time, we cannot exclude the corresponding rights that others have enjoyed by using these natural laws and principles because of the discovery of these natural laws and principles. The above diseases include human and animal diseases. The diagnosis and treatment of this disease are mainly aimed at people and animals, and cannot be applied to industry, so it does not belong to the invention mentioned in the patent law. Animals and plants are also living objects, mainly naturally growing, not artificially created products. Biomaterials themselves and related biomaterial inventions can be protected by patents. Materials obtained by nuclear transformation refer to elements or compounds obtained by nuclear fission or fusion. Not only the substance obtained by nuclear transformation method can not be patented, but also the method of obtaining this substance can not be patented.
legal ground
Article 25 of the Patent Law of People's Republic of China (PRC) does not grant patent right to 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) Nuclear transformation methods and substances obtained by nuclear transformation methods; (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.