对雇员发明创造权属问题,各国都有规定。我国专利法根据企业的知识产权状况,创造了一片专利权归属的“灰色区域”供企业根据实际情况灵活操作。本文对“灰色区域”立法本意深入探究,探索美国的劳动合同和德国的特殊申报制度的价值,为我国企业解决雇员发明创造权属问题提供合适的策略。 All employees have the right to invention and creation issues. According to the patent law of our country, the patent law of our country has created a “gray area” where the patent right belongs to, which can be flexibly operated according to the actual situation. This article explores the meaning of legislation in the “gray area”, explores the value of the labor contract in the United States and the special declaration system in Germany, and provides an appropriate strategy for our enterprises to solve the problem of employees’ ownership of invention.