Patent application can be used as a condition for commutation.

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. The following are the corresponding provisions of the Prison Law and the Criminal Law:

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 be given a reduced sentence: (1) preventing 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 A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if, during the execution period, he earnestly abides by prison regulations, receives education and reform, and truly shows repentance or meritorious service; 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.