The rules of prison inventors

Article 78 of China's Criminal Law stipulates that a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he can conscientiously abide by prison regulations and receive education and reform during the execution period, and if he truly repents or makes meritorious deeds; Those who have made significant meritorious service shall have their sentences 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.

The most important basis for identifying "invention and creation" is to obtain national patent certification. Therefore, the invention and creation and obtaining the national patent certification is one of the bases for the court to decide whether to grant a reduced sentence.

At the same time, as far as the types of prison inventions are concerned, almost all prisoners' patents are utility model patents. According to the provisions of China's patent law, the types of invention patents include inventions, utility models and designs. Among them, in terms of scientific and technological content, technical requirements and examination and certification procedures, invention patents are the most difficult to apply for, followed by utility model patents, which are relatively easy. The above patents of Nan Yong, Liang Jianxing, Lou Weigang and Chen Jianping are all utility model patents.

The difference between utility model patent and invention patent, in definition, utility model patent is also called small invention or small patent, which refers to a new technical scheme with practical value for the shape, structure or combination of products, and belongs to small inventions with low cost and short development cycle. Invention patent refers to the technical scheme put forward by the inventor to solve specific problems by using the laws of nature. The utility model patent is a product with a certain shape, which pays attention to the practicality of the product. Invention patent is a technical method, which focuses on creativity.

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 object of utility model patent protection, and can authorize them through preliminary examination. 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.