1. Can the criminal's invention patent be reduced?
A criminal's invention patent can be commuted. The third paragraph of Article 78 of the Criminal Law and the third paragraph of Article 29 of the Prison Law stipulate that criminals can get rewards such as commutation of sentence if they obtain a patent for invention. Because if there is an invention or major technological innovation, it can be regarded as meritorious service (according to the income and contribution of the patent, you can get major meritorious service, meritorious service, or reward and praise, etc.). ), and meritorious service can be used as a necessary condition for commutation and the basis for calculating the extent of commutation, but it is not a sufficient condition, so applying for a patent can get commutation.
Second, the relevant legal basis
People's Republic of China (PRC) Prison Law
Article 29 A criminal sentenced to life imprisonment or fixed-term imprisonment does show repentance or firmness during serving his sentence.
According to the results of prison evaluation, performance can be reduced. Those who have made one of the following major meritorious deeds shall have their sentences reduced.
Punishment:
(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.
Criminal law of the people's Republic of China
Article 78
Criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have their sentences reduced if they consciously abide by prison regulations, receive education and reform, and truly show repentance or render meritorious service during the execution period; One of the following major meritorious deeds shall be commuted:
(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.
If the sentence actually executed after commutation is sentenced to public surveillance, criminal detention or fixed-term imprisonment, it shall not be less than half of the original sentence; Those sentenced to life imprisonment shall not be less than ten years.
The law clearly stipulates that criminals can reduce their sentences according to their actual meritorious service. Therefore, if they have invention patents, they can legally apply to the prison for commutation. Under specific circumstances, the conditions for commutation determined by different meritorious deeds are different, and the prison may submit relevant materials to the procuratorate for identification.