我国专利法上所说的职务发明在美国称为雇员发明。关于雇员在受雇期间做出的发明是归发明人所有还是归雇主所有的问题,美国的州法和联邦法都认为原则上雇员发明的所有权归发明人,但是:(1)双方可在合同中规定雇员发明的所有权归雇主;(2)如果雇员受雇的职务是专门从事发明,则雇员发明的所有权归雇主;(3)如果雇员发明的所有权归雇员本人,则雇主有权取得无偿实施该雇员发明的非独占许可。反映多数州法院判例意见的《代理重述(第二稿)》第397条说:“除非另有约定,受他人雇 China's patent law said the invention of title in the United States as employees invented. As to whether an invention made by an employee during his employment is owned by the inventor or owned by the employer, state and federal law in the United States considers that the employee's ownership of the invention is, in principle, the inventor, but: (1) Both parties may contract in the contract (2) If the employee is employed for a job that is specialized in inventions, the ownership of the employee's invention is vested in the employer; (3) Where the employee's invention is attributed to the employee himself, the employer is entitled to a Non-exclusive license issued by employee. Article 397, “Restatement of Representations (Second Draft),” which reflects the opinion of most state courts, states: "Unless otherwise agreed, the employment of others