The key to the issue is whether this patent application is a service invention. If it is, it cannot be used; if it is not, it is OK. The specific patent law stipulates the ownership of patent rights as follows:
Article 6 Inventions and creations that are completed in the performance of the tasks of the unit or mainly by utilizing the material and technical conditions of the unit are service inventions. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee.
For non-service inventions, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer becomes the patentee.
For inventions and creations completed by utilizing the unit’s material and technical conditions, if the unit has a contract with the inventor or designer and stipulates the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.
The Implementing Rules of the Patent Law provide further detailed provisions:
Article 12 The term "service inventions and creations completed in the execution of the tasks of the unit" as mentioned in Article 6 of the Patent Law refers to :
(1) Inventions and creations made in the course of one's own work;
(2) Inventions and creations made in fulfillment of tasks other than one's own work assigned by the unit;
(3) Inventions and creations made within 1 year after retirement or transfer from the original unit or the termination of labor or personnel relations, and related to the work performed by the original unit or the tasks assigned by the original unit.
The unit referred to in Article 6 of the Patent Law includes temporary work units; the material and technical conditions of the unit referred to in Article 6 of the Patent Law refer to the unit’s funds, equipment, parts, raw materials or Technical information not disclosed to the public, etc.
First of all, please determine who is the patent applicant of the patent/patent application. If it is you personally, then please determine whether the patent was completed using the company's material and technical conditions. If so, even if the applicant is you personally, the company can also file an ownership lawsuit based on this. Again, please collect some evidence to prove that the patent is a non-service invention in case the company sues for ownership rights.