It should be noted that an invention made after resignation, retirement and transfer must meet two conditions at the same time to constitute a service invention.
1) An invention-creation must be made within 1 year after the inventor or designer resigns, retires or is transferred from the original unit;
2) The invention-creation is related to the work or tasks assigned by the inventor or designer in the original unit. Therefore, you can only apply for a non-service invention patent after leaving your job for one year. In addition, if the inventor can prove that his invention has nothing to do with the company's position, he can also apply for a non-service invention patent.