According to Articles 5 and 25 of the Chinese Patent Law, the following items are not patentable in China:
- any invention-creation that is contrary to the law or social morality or that is detrimental to public interest
- invention-creations relying on genetic resources of which the acquisition or use is not consistent with the provisions of the laws and regulations
- scientific discoveries
- rules and methods for mental activities
- methods for the diagnosis or treatment of diseases
- animal and plant varieties
- substances obtained by means of nuclear transformation
- two-dimensional designs of images or colours or combinations of the two that mainly serve as indicators