1. In the absence of an intellectual property agreement between an individual and a company.
Those who have left the company for more than 1 year can apply for patents related to the company's work as applicants; If the resignation time is less than 1 year, the patents related to the company's work belong to service inventions, and individuals cannot apply for patents.
Two, in the case of intellectual property agreements between individuals and companies, should be handled according to the corresponding agreement.
Article 6 of the Patent Law and Article 12 of the Detailed Rules for the Implementation of the Patent Law define the definition of service invention and its management measures.