The creative requirements for patented inventions are as follows

Article 22 of the Patent Law stipulates: "Inventions and utility models granted patent rights shall be novel, creative and practical." That is, only inventions and utility models that meet the requirements of "three natures" can be patented. The patent law requires the same novelty for invention patents and utility model patents. Novelty means that before the filing date, no identical invention or utility model was published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model was applied to the patent administration department in the State Council by others and recorded in the patent application documents published after the filing date. In other words, an invention has not been made public before the filing date, and its content does not constitute a part of the existing technology that the public can know. In China, the filing date is the time standard for judging novelty. Before the filing date, the same invention has been completed and made public by others or by the inventor himself. For example, when the substantive content of the invention is disclosed at press conferences, scientific appraisal meetings and exhibitions, the patent application is not made in time after the technical achievements are born, but only after the products are produced for trial sale or completely put on the market, which will lead to the loss of novelty and the inability to obtain the patent right, and many years of hard work will be wasted. Article 22 of the Patent Law stipulates the creativity of invention and utility model respectively. Compared with the prior art before the filing date, the invention should have outstanding substantive features and remarkable progress; The utility model should have substantial features and progress.