Patents are something to be proud of, and in some cases a patent can actually be worth a lot of money. If you and your spouse created a product together and have a patent protecting your rights to manufacture the product, then you may need to negotiate what to do with this patent during your property distribution. Even intellectual property can be a concern during divorce property divisions. One spouse may claim that an idea was solely his, while his spouse argues that she contributed to the idea.
Patent arguments or goodwill arguments can be intense, resulting in serious court battles. Whenever you want to challenge the division of an intellectual property item such as a patent, you will certainly want an attorney to assist you in your case. With the right lawyer on your side, you may be able to prove that you have a legal right to at least part of the patent. In some cases, spouses that have a peaceable relationship may be able to maintain a joint patent without causing too much drama. This is an ideal situation for spouses that can still communicate post-marriage.
For those in a volatile relationship, it is often best to just designate one spouse as the holder of the patent, or see if it is possible to split the patent into two if the partners did make a collaborative effort and can prove this. You will want to discuss the various choices for the future of your intellectual property and may even need to take additional legal action to protect your intellectual property from being divided in a dishonest way. Don't hesitate to contact theLos Angeles divorce lawyers at Claery & Green today to learn more about this process!