Article 12 of the "Patent Law Implementing Rules" The term "service inventions and creations completed in the execution of the tasks of the unit" as mentioned in Article 6 of the Patent Law refers to: (1) Inventions and creations made in the course of one's own work ;
(2) Inventions and creations made by performing tasks other than the duties assigned by the unit;
(3) After retirement or transfer from the original unit or labor or personnel relations Inventions and creations made within one year after termination that are related to the original work undertaken by the original unit or the tasks assigned by the original unit.
As long as you retire and are not re-employed, and there is documentation to prove the date of retirement, it can be considered a non-service invention if it is more than one year old.