Article 2 of the Patent Law explains that an invention, whether an invention patent or a utility model patent, must be a "technical scheme". It is not difficult for a writer with a little experience to write a cooking method or process into a technical solution of a technical problem in the process of forming a text.
Article 25 of the Patent Law of People's Republic of China (PRC)
No patent right shall be granted for the following items:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.
Interpretation of this article is about the provisions on the results of intellectual activities that do not grant patent rights.
Extended data:
Patent application needs to meet:
(1). Novelty: It is required that before the filing date, no identical invention or utility model has been publicly published in domestic and foreign publications, publicly used in China or known to the public in other ways, and no identical invention or utility model has been filed with the the State Council Patent Administration Department by others and recorded in the patent application documents published after the filing date.
(2) Creativity: Compared with the prior art before the filing date, the utility model is required to have substantial features and progress.
(3) Practicality: It is required that the utility model can be manufactured or used, and can produce positive effects.
Baidu encyclopedia-patent