Is the new plant variety a patent right?

Legal analysis: the new plant variety is not a patent, but if it is a new method to produce this plant, you can apply for a patent. According to the provisions of China's patent law, the following items are not granted patent rights:

First, scientific discovery;

Second, the rules and methods of intellectual activities;

Third, the diagnosis and treatment of diseases;

Fourth, animal and plant varieties;

5. Substances obtained by nuclear transformation.

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) Nuclear transformation methods and substances obtained by nuclear transformation methods;

(six) the design of the pattern, color or the combination of the two.