Any invention or utility model that fails to comply with Article 22, Chapter II of the China Patent Law, i.e. lack of novelty, inventiveness and practical applicability will not be granted patent right. Moreover, Article 25 indicates that no patent right shall be granted for anything that falls in the following six categories:

(1). Scientific discoveries

Any scientific discoveries are not patentable, but any invention created or invented by using the scientific discoveries is still patentable.

(2). Rules and methods for mental activities

Mathematic formulas or calculations, linguistics, methods of learning and training, and cooking recipes all fall into this category and therefore cannot be patented. In short, if mental activities such as logistic thinking, analyzing, and reasoning is involved when reproducing or using an invention, the said invention cannot be patented.

(3). Methods for diagnosis or for the treatment of diseases

Inventions that are considered methods for diagnosis or for the treatment of diseases are not patentable. However, machines, equipments, or substances used to implement such methods or treatment are still patentable.

(4). Animal and plant varieties

Animals and plant varieties are not a patentable subject matter, but an invention that concerns a microorganism may be patented. When filing a microorganism, the applicant shall, no later than the filing date, deposit the biological material at a local deposit institute designated by the SIPO. Even though plant varieties are not protected by the Patent Law, new plant varieties may be protected under the Regulations on the Protection of New Plant Varieties enforced on October 1, 1997. Further, unbiological methods of reproducing animals, plants, or micro organic methods are still patentable.

(5). Substances obtained by means of nuclear transformation

Machines, equipments, and devices used to obtain such substances are still patentable.

(6). Designs of two-dimensional printing goods, made of the pattern, the color or the combination of the two, which serve mainly as indicators

In addition to the six categories listed above, inventions “contrary to the laws of the State or social morality or that is detrimental to the public interest” are not patentable.