1. Is the invention patent a major meritorious service?
Article 78 of China's criminal law stipulates that if a criminal has made inventions or major technological innovations during the execution period, which constitutes a major meritorious service, his sentence shall be reduced. However, there are great differences in judicial practice because there is no clear definition of what is an invention and a major technological innovation in legal and judicial interpretations. At present, many criminals have obtained utility model patents in practice.
Article 78 of China's criminal law stipulates that if a criminal has made inventions or major technological innovations during the execution period, which constitutes a major meritorious service, his sentence shall be reduced. However, there are great differences in judicial practice because there is no clear definition of what is an invention and a major technological innovation in legal and judicial interpretations. At present, there is a problem in practice, that is, whether many criminals can make greater contributions by obtaining utility model patents and whether their sentences should be reduced, and judicial decisions are not uniform in different places.
One view is that according to Article 2 of China's Patent Law, "inventions mentioned in this Law refer to inventions, utility models and designs", utility model patents obtained by criminals belong to "inventions and creations" mentioned in Article 78 of China's Criminal Law, which should constitute a significant contribution. Although some criminals' utility model patents have not actually been put into social production and use, creating social and economic benefits, this is only the plot of the length of commutation, and it cannot be denied that criminals' inventions and creations have made great contributions.
Another view is that "invention and creation" in the patent law and "invention and creation" in Article 78 of the Criminal Law cannot be equated. Considering the technical content of inventions and their contribution to the country and society, "inventions and creations" in criminal law should only correspond to "inventions" in Article 2 of the Patent Law, and the technical content of utility model patents is lower than that of invention patents.
Second, what are the major meritorious deeds?
The main contributions include:
(a) to prevent others from engaging in major criminal activities;
(2) reporting major criminal activities inside and outside the prison, which is verified by investigation;
(three) there are inventions or major technological innovations;
(4) sacrificing oneself to save others in daily production and life;
(five) outstanding performance in resisting natural disasters or eliminating major accidents;
(6) Having made other significant contributions to the country and society.
Third, can I get a suspended sentence for major meritorious service?
Those who have made significant meritorious service may be given a lighter or suspended punishment; Those who have made significant meritorious service may be mitigated or exempted from punishment.
According to Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Cases of Commutation and Parole, criminals sentenced to criminal detention or suspended imprisonment of less than three years generally do not apply commutation.
If a criminal specified in the preceding paragraph has made significant meritorious service during the probation period of probation, his sentence may be reduced with reference to the provisions of Article 78 of the Criminal Law, and the probation period of probation shall be shortened according to law. The probation period for criminal detention shall not be less than two months, and the probation period for fixed-term imprisonment shall not be less than one year.
The above is the relevant legal knowledge about whether the invention patent is a major meritorious service. To sum up, there are two opinions about whether the invention patent is a significant contribution, which should be decided according to the specific situation. If you have any other questions, please feel free to consult, and we will have professional lawyers to answer them for you.