Does it constitute a crime for a company salesman to apply for a patent of a company product in the name of this person?

1. If the patentee is not your company, of course, you should not pay the fee. Unless you have made such an agreement with the employee before, apply in his name, you use it, and you pay.

2. Specific analysis, it can't be defined as a crime at present. However, according to the actual situation, you can consider suing him for infringing the interests of the company or confirming that the patentee is the company or requesting the patent to be declared invalid.

If you use this technology and continue to use it before applying for a patent, there is no problem of patent infringement.