The requirements for inventiveness of the invention granted with patent right are as follows

Legal analysis: the important elements of the invention-creation granted patent always include two aspects: formal conditions and substantive conditions. Formal conditions mean that patent application documents should be recorded in written form in the format stipulated in the Patent Law and its detailed rules for implementation, and all necessary procedures should be performed in accordance with legal procedures. Substantial conditions mean that inventions and utility models granted patent rights should be novel, creative and practical.

Legal basis: decision of NPC Standing Committee on amending the Patent Law of People's Republic of China (PRC). Article 42 is amended as: "The term of invention patent is 20 years, utility model patent is 10 year, and design patent is 15 year, all of which are counted from the date of filing." Where a patent for invention has been granted for four years from the date of application and three years from the date of request for substantive examination, the administrative department for patent in the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the patent for invention in the process of authorization, except for the unreasonable delay caused by the applicant. "In order to compensate for the time occupied by the examination and approval of the new drug listing, the patent administration department of the State Council shall, at the request of the patentee, compensate the patentee for the patent period of the invention patent related to the new drug that has obtained the listing license in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for listing shall not exceed fourteen years. "