Commutation of jail-terms through patents remains problematic (2)   

“監獄發明家”或已成產業鏈 減刑服務網上叫賣

2014年12月9日，北京市第二中級人民法院當庭宣判，裁定減去原足協副主席、國家體育總局足球運動管理中心主任南勇一年有期徒刑，減刑原因之一是南勇在服刑期間發明4項專利，獲得監獄方面的表揚。據公開報道，因在獄中進行發明創造而獲得減刑的現象并不少見，僅是有姓名可查的官員、名人在獄中進行發明創造的現象已屢見報端。[查看全文]

Patent agencies helping inmates out of prison 

Some patent agency websites are openly offering to help inmates develop inventions and apply for patents in order to buy time off their jail sentences.

A manager surnamed Liu from an agency in Northwest China's Shaanxi province says they can help an inmate understand the requirements of prisons before attempting the commutation of their punishments.

Liu says a patent under the application-based category can be applied within six months to one year at a cost of 6,800 yuan ($1,095), while a patent under the invention-based category would cost between 50,000 to 60,000 yuan.

Liu says the agency has helped many people apply for patents and get out of prison early. "Some rich people have already made preparations before going to jail," he adds.

Prisons differ in commutation

The newspaper says they contacted prisons and courts in several cities and provinces and received different answers in regards to whether sentences were being lessened as a result of successful patent applications.

A staff member from a prison in Beijing says there is a process for inmates to apply for a patent with the assistance of agencies, but that there is no clear requirement regarding the verification of the originality and authenticity of the invention.

Calls to a court in Tianjin municipality and prisons in Baoding, Hebei province, and Shanghai also failed to provide clear answers regarding commutation through patents, the newspaper says.

No law or set of rules exist to address what inventions can apply for commutation, how to verify them, and how to apply, says the newspaper. Jiangsu and Gansu provinces, however, have established regional regulations on the issue.