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Can natural substances be patented in china?

Permanent Link: : http://www.bioipr.com/cnwatch/255/

关键词/Keywords: natural substance, patentability

According to the Guideline for Patent Examination 2006, "Natural Substances" are substances, which found in the nature and existing in its nature state. But those are merely objects of discovery in the sense of the "scientific discoveries" as provided for in Article 25.1.(1). and shall not be patented.

 

However, if a substance is

  1. isolated or extracted from the nature for the first time, of which the structure, the  morphology or other physical/chemical parameters are unknown in the prior art and
  2. can be precisely characterized, and
  3. if it can be exploited industrially,

the substance per se and the process for obtaining it are all patentable under the Chinese patent law.

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