Legal Question in Business Law in Florida

Ownership of patent vs. corporation and divorce

I hold several patents in my name for successful children's products, items that I personally invented. I own a company with my husband and his brother which sells the products. The brother has 40% ownership, my husband and I own the other 60% (or 30% each). The company averages about $100,000 per mo profit from selling the products that I invented. Now my husband is seeking to divorce me, and with his brother has made threats to override me on every decision (because they state, between them, they have 70% ownership). I have informed them that as part of the divorce settlement, I want 51% ownership, or I will sell the patents. My husband's brother said that even though the patents are in my name, since the company paid for them, I cannot sell them, and cannot use a proposed sale as any leverage against my husband or his brother, or they will simply get an injunction against me to stop the sale. I never signed anything saying the company owned the patents. Where do I stand?


Asked on 3/30/07, 3:45 pm

3 Answers from Attorneys
florence hessen florence f. hessen,esq

Re: Ownership of patent vs. corporation and divorce

Hi:

This issue revolves around the equitable distribution area of divorce law, business corporation law and license and patent law. While your inquiry states the patents were secured in your name, I do not know whether there are any additional documents on behalf of the coporation to provide it an express or implied license, etc.

It is important that you speak directly with an attorney that is well versed in divorce law, business coporations law and patent law so that you will have some idea where you stand and what action should be taken.

Good Luck

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Answered on 3/31/07, 2:40 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Ownership of patent vs. corporation and divorce

It seems that the company has an at will license to use your patents. You should be able to enforce your ownership rights in the patents.

I urge you consult with competent counsel to determine your rights and to prevent infringements on your patents.

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Answered on 3/30/07, 4:25 pm
Michael Stewart Michael D. Stewart

Re: Ownership of patent vs. corporation and divorce

I would think you are in a fairly strong position. You should obtain knowledgable counsel for the negotiations and divorce.

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Answered on 3/30/07, 5:42 pm


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