Legal analysis: In practice, it often happens that after employees leave their jobs, they make technical solutions that are the same as or similar to the technical tasks undertaken by the original unit and apply for patents. Whether a technical scheme belongs to a service invention is generally stipulated in the law, which only says that an invention made within 1 year after retirement, transfer from the original unit or dissolution of labor and personnel relations shall be recognized as a service invention.
Legal basis: Article 6 of the Patent Law of People's Republic of China (PRC) refers to inventions and creations made by performing the tasks of the entity or mainly using the material and technical conditions of the entity. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee.