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Community property question: living trust assignee
Posted by Anonymous . updated on 2/26/2009
I am listed as the inventor in three patents and the assignee was a living trust in which my wife at the time and I were the settlors. Now we're divorced and I just discovered that someone (probably her attorney) had had the assignee for one of the patents changed from our living trust to us separately (her LT and me as an individual). My questions:
1. Is it possible to tell when the change in assignment was done and by whom?
2. Any guess on the motivation for changing the assignee on only one of the patents?
3. Can one license a patent unilaterally (without permission or notification of the other assignee) if there are two assignees?
Answers (1)
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Bill Ri...
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Quote Is it possible to tell when the change in assignment was done and by whom?
Ouch, messy! ?I am truly sorry for your predicament. ?Have you spoken with your divorce attorney? ?Something like this should have been covered in the decree. ?You can check the PTO website. ?They list all filed assignments.
Any guess on the motivation for changing the assignee on only one of the patents?
Again, check the divorce decree. ?Was this part of the property settlement? ?Is the one split making any money? ?(In divorce, anything's possible.)
Can one license a patent unilaterally (without permission or notification of the other assignee) if there are two assignees?
Short answer is yes. ?And, if one wants to sue for infringement, both must join as plaintiffs. Don't know if each must account to the other for profits. I don't believe so.
Hope this helps.
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