Items for which patent rights cannot be granted are as follows: methods for diagnosis and treatment of diseases, animal and plant varieties, nuclear transformation methods, scientific discoveries, etc. However, patents may be applied for the above-mentioned production methods of animal and plant varieties.
 Legal basis
 Article 25 of the Patent Law of the People's Republic of China
 No patent right shall be granted for the following items:
 （1） Scientific discovery;
 （2） Rules and methods of intellectual activities;
 （3） Diagnosis and treatment of diseases;
 （4） Animal and plant varieties;
 （5） Nuclear transformation method and substances obtained by nuclear transformation method;
 （6） A design that mainly serves as a logo for the pattern, color or combination of the two of print.
 A patent right may be granted in accordance with the provisions of this Law for the production process of the products listed in Item (4) of the preceding paragraph.