If the unit does not declare its property because of these factors, it may be in trouble. The original unit may accuse you of leaking the company's business secrets.
If no trade secrets are involved, the detailed explanation according to the patent law is as follows:
Inventions and creations related to their own jobs or tasks assigned by their original units made by staff within one year after resignation, retirement or transfer. Invention is a complicated mental work, which can't be accomplished overnight, and it has a long-term process of conception and practice. Employees who have left or retired have accumulated a lot of knowledge and experience in the original unit because of their long tenure. Their inventions and creations within a period of time after leaving or retiring are often closely related to the work of the original unit. Therefore, it is generally stipulated in all countries that inventions made by employees within a period of time after leaving the original unit and related to the tasks assigned at their original jobs or employment still belong to service inventions. This provision can prevent employees from applying for patents in their own names for inventions made before leaving or retiring after leaving their jobs, which is conducive to adjusting the relationship between employers and employees on the issue of job invention creation. As for how long after leaving the original unit, the invention should be classified as a service invention, and the regulations in different countries are different. Too long is not good, too short is not good, and the detailed rules for the implementation of China's patent law stipulate one year.
So as long as you consider the provisions of the patent law, you can apply in your own name.