和育东

    内容提要：美国、德国职务发明制度发展进路不同，但历史大趋势都走向了厚雇主主义。这至少证伪了厚雇员主义命题。我国职务发明制度三十多年来的变迁，总体上也趋向厚雇主主义。但近来《专利法》有关条款的修改有明显的厚雇员主义倾向，有违背历史的趋势。

    关 键 词：厚雇主主义   发明前转让协议   额外报酬   职务发明   

    Abstract: Although the employee invention rules of the U.S. and Germany developed in different ways, they generally moved toward pro-employers doctrine. This at least belied the pro-employees doctrine proposed by some scholars. Chinese employee invention rules had also generally been developing toward pro-employers doctrine.However, the current patent law amendment is unduly partial to pro-employees doctrine, and might be against the historical trend.

    Key Words: pro-employers doctrine; pre-invention agreement; reward outside salary; employee invention