Legal analysis: No, according to Article 25 of the Patent Law of People's Republic of China (PRC), the patent right cannot be granted to animal and plant varieties, but the method of cultivating animal and plant varieties can be granted. The protection of new plant varieties is a kind of intellectual property protection, which protects the rights of breeders related to their cultivated varieties. In different countries, the specific forms of protection are not completely consistent. In China, new plant varieties are protected in the form of new plant variety rights. All kinds of plants and animals cannot apply for patents. The two basic requirements for obtaining a patent right are practicality and innovation. Practicality means that this technology can be used by people and has brought a lot of help to people's lives; Innovation means that this technology has new functions and features compared with the same type of technology in the market. In addition, new varieties of animals and plants were discovered by people, not created. Therefore, it can not be protected by patent right, which does not meet the requirements of practicality and innovation. Among the new species of animals and plants that are not protected by patent rights, animals refer to the objects that can only rely on protein or carbohydrates to maintain their lives in nature, while plants refer to plants that rely on photosynthesis and use organic compounds such as water and carbon dioxide to maintain their lives and are inactive.
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.
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.