First, the sentencing review procedure
1. As far as the examination procedure is concerned, the state implements a preliminary examination system for utility model patents, that is, the examination committee examines the formal issues in the application documents and whether they belong to the protected object of utility model patents.
2, through the preliminary examination can be authorized. After the preliminary examination stage, there are publication stage and substantive examination stage. The substantive examination will comprehensively examine whether the patent application is novel, creative and practical and other substantive conditions stipulated in the patent law.
Second, the conditions for determining meritorious service in sentencing
1. A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he earnestly abides by prison regulations, receives education and reform, and truly shows repentance or meritorious service during the execution period;
2, there is a significant meritorious service, should be reduced. However, "those who have made inventions or made major technological innovations" are deemed as "those who have made significant meritorious service", and their sentences should be reduced according to the provisions of the Criminal Law.
Third, the influence of invention and manufacture on sentencing and commutation.
1, with inventions, the most important identification basis is to obtain national patent certification. Therefore, the invention-creation and obtaining the national patent certification is one of the bases for the court to decide whether to grant commutation.
2. At the same time, as far as the types of prison inventions are concerned, almost all the patents of prisoners are utility model patents.
Legal basis:
Criminal law of the people's Republic of China
Article 45 The term of fixed-term imprisonment shall be not less than six months but not more than fifteen years, except as provided for in Articles 50 and 69 of this Law.
Article 47 The term of fixed-term imprisonment shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.