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Community Property - Who gets patent?
Posted by Anonymous . updated on 2/26/2009
My ex husband and I are approaching division of property. Technically the patent I hold is community property. However, I am the only named inventor on the patent, he did not co-invent or participate in the invention yet wants HALF of the patent.
Now I can grasp him being given rights to half of the royalties derived from the patent but he believes he owns half of the patent and will be able to compete with my company by using the patent.
Any information on this?
Tereson
Answers (2)
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Isaac
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I don't know of an on point patent case, but I believe there is a federal court precedent that indicates that a provision in copyright law prohibiting involuntary transfers of rights supercedes state divorce law requirements to transfer the rights. I'm pretty sure that patent law has a similar provision. If I am correct, then the revenue stream could be community property, but the patent would remain with the patent holder.
A patent co held between two adverse parties would be difficult to use as a tool for excluding others because the parties could only sue when they both agreed to do so.
Revenue from a business making the patented invention and ownership of the business itself is a separate issue. Patent law does not really say anything about what should happen to that kind of marital property.
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Tereson...
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Thanks Issac. It is exactly what I presumed. Oh and as far as a community business.....dissolve it and start over.
Tereson
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