article 6 of the patent law
an invention-creation made by performing the tasks of the entity or mainly using the material and technical conditions of the entity is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the entity; After the application is approved, the entity shall be the patentee.
the right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
in the case of an invention-creation completed by utilizing the material and technical conditions of the entity, if the entity has entered into a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent right, such agreement shall prevail.
article 7 no unit or individual may suppress an application for a patent for non-service invention-creation by an inventor or designer.
Article 12 of the Detailed Rules for the Implementation of the Patent Law. The term "service inventions and creations accomplished by performing the tasks of the entity" 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 their own jobs entrusted by the unit;
(3) inventions and creations made within one year after retirement, transfer from the original unit or termination of labor and personnel relations, which are related to their own work undertaken in the original unit or tasks assigned by the original unit.