Medicine And Medically Related Inventions

Microorganisms are patentable in China, including bacteria, actinomycetes, fungi, viruses, animal and plant cell lines, plasmid, and algae.

Methods for the diagnosis or treatment of diseases are generally not patentable. This is true even though the Examination Guideline published by the Chinese Patent Office states that the following are not considered to be methods for the diagnosis or treatment of diseases, "Substances, materials, instruments, equipment and tools used for the diagnosis and treatment of disease; beauty methods for perming and dying hair and disinfection of goods; chemical examination of human or animal bodies; test and disposal of corpses; methods of measuring physiological parameters not for diagnosis and treatment".

Pharmaceutical compounds and compositions are patentable as with any other chemical substance. Methods of production are also patentable. An applicant cannot directly claim the use of a pharmaceutical to treat a disease (e.g. Use of substance X for the treatment of disease Y), but one can use Swiss type claims (e.g., Substance X which is used for the preparation of pharmaceuticals for the treatment of disease Y).