How to identify the duty behavior of patent invention or not?

Whether it belongs to duty behavior can be grasped from the following aspects: first, whether the behavior is authorized by the operator and whether it is done by the staff with employment relationship. The second is whether the behavior occurs during working hours and workplaces. The third is whether the behavior is implemented in the name or identity of the operator. Fourth, whether the behavior is intrinsically related to the position, such as whether the content of the behavior is the need of the work, whether it meets the purpose of the employer, and whether the behavior has the meaning of benefiting the legal person. The criteria for determining the above-mentioned duty behaviors have the following legal basis. Article 43 of the General Principles of the Civil Law stipulates that an enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members. Article 42 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that a legal person or organization is a party to a lawsuit brought by the staff of a legal person or other organization because of their duty behavior or authorized behavior. Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No.20) stipulates that if the legal representative, responsible person or staff of a legal person or other organization causes damage to others in the course of performing their duties, the legal person or other organization shall bear civil liability in accordance with the provisions of Article 121 of the General Principles of the Civil Law. If the above-mentioned personnel commit acts unrelated to their duties and cause damage to others, the perpetrator shall be liable for compensation. Article 9 stipulates that if a laborer causes damage to others in employment activities, the employer shall be liable for compensation; Workers who cause damage to others due to intentional or gross negligence shall be jointly and severally liable for compensation with the employer. If the employer is jointly and severally liable for compensation, it may claim compensation from the laborer. Engaged in employment activities mentioned in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. The employee's behavior is beyond the scope of authorization, but its manifestation is or is intrinsically related to the performance of duties, which should be considered as "engaging in employment activities".