Legal Question in Intellectual Property in Texas

Divorce and Patent Ownership

I am currently self employed and have designed different products on which I have filed four separate provisional patents. The designs are entirely my own, the wife had no input. Conception and development of the ideas occurred long after we separated. One of these products is starting to gain sales that I expect will increase over time as word-of-mouth among the users spreads. I also have started a repair service in which I install this product in another manufacturer's product to improve performance.

I filed for a provisional patent on this product 2 months after I filed for divorce. Now the wife want half ownership of this patent. As an older electrical engineer in the slumping high tech telecom industry, there is a very high probability that all my future livlihood depends on sales of this product and my labor fee for the installation of this product.

If she owns half the patent, then I believe she is effectively garnisheeing my future income. Is intellectual property developed after separation and patent filed after application for divorce considered an asset that must be divided with a divorcing spouse?

Thank you


Asked on 1/05/04, 4:54 pm

1 Answer from Attorneys
Joe Naylor

Re: Divorce and Patent Ownership

You need to ask this of your divorce lawyer, he/she will know for sure; however I think the answer in Texas is that since everything you describe occurred before the judge signed the divorce decree, the spouse has a half interest as community property. The dates of separation or filing for divorce have no effect. I will be glad to consult with your divorce lawyer on the intellectual property aspects of this if you want, and I would be glad to help with any Patent Office matters for you. I assume you know you have a sort fuse to do something before the anniversary of the provisional patents, or you will loose all rights to these.

Joe Naylor

www.tech-lawyers.com

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Answered on 1/05/04, 5:49 pm


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