Key question: whether to use company resources. In the patent law, there is a service invention. The so-called service invention is: an invention made by performing the task of the unit or mainly using the material and technical conditions of the unit is a service invention. 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.
See Article 6 of the Patent Law of China.