The Chinese Patent Law excludes patenting methods of diagnosing or treating a disease. More specifically, this refers to processes of identifying, determining, or eliminating the cause or focus of diseases which are practiced directly on living human or animal bodies. Please keep in mind that instruments used for implementing these methods are still patentable. So what constitutes a diagnostic method that would be excluded from patent protection? It must meet the following two criteria: It is practiced on a living human or animal body Its immediate purpose is to obtain the diagnostic result of a disease or health condition Living Human or Animal Body This first requirement means that, for…
