The examination and protection of the State Intellectual Property Office to the application for the patent for the invention in the biology field is as follows:

(1) Animal and plant varieties are not patentable.
According to paragraph 4 Article 25 of the Patent Law of the P. R. C. animal and plant varieties are not patentable. Thus not only the animal and plant varieties bred or cultivated by the traditional biological method, but also the gene experimental animal or new Chinese medicine plant achieved by the modern cross-fertilized technology, are not patentable in China. While the plant varieties in accordance with the provisions of Regulations of Plant Varieties Protection of the P. R. C. effectuated as of October 1, 1997 willed be patentable and thus be protected.

(2) Microorganism and generic materials are bio-chemical materials, thus are patentable like other chemical materials. As to the Microorganism and generic materials existing in the nature without any technology of the human beings, which belong to scientific discoveries prescribed by paragraph 1 Article 25 of the Patent Law, are not patentable.

(3) Biology productions are patentable.
Biology productions, which are produced with microorganism, metabolized production of microorganism, toxin of animals, and blood or organizations of human beings or animals, being used to prevent, diagnose and treat the specific infectious disease or other immunity preparation related to the disease, e. g. bacterin, anti-toxin serum, toxoid, bacteriophage, etc.

(4) Methods for the diagnosis or for the treatment of diseases are not patentable.
According to Paragraph 3 Article 25 of the Patent Law, methods for the diagnosis or for the treatment of diseases are not patentable. The said methods refer to all methods for the diagnosis or for the treatment of diseases, including treat with gene, e. g. acupuncture, magnetic therapy, chemotherapy, embryo replanting method and operation, etc. While the Guideline for Patent Examination enumerates some exceptions not being regarded as methods for the diagnosis or for the treatment of diseases, e. g. medicine and medical apparatus for the diagnosis or for the treatment of diseases, methods for hairdressing such as marcel and hair-dying and methods for disinfection of apparatus thereof, methods for testing and dealing with the corpse, methods for testing physiology parameter not aiming at diagnosis or treatment, etc. Thus the methods are patentable. The State Intellectual Property Office of the P. R. C. granted the patent right for method for testing blood and a method for testing parameter in 1988 and 1991 respectively.