Does My Spouse Own My Patent?

There are two main types of marital property regimes in the United States: "separate property" (followed by most common law countries and the majority of states in the U.S.) and "community property" (followed by most civil law countries and currently followed by nine states in the U.S.¹). In "separate property" states, property acquired by a spouse during marriage is that person's own separate property. In "community property" states, on the other hand, each spouse has a present, vested, one-half ownership interest in all property acquired by either spouse during the marriage. Patent ownership is governed by state law, and in community property states, patents acquired during marriage are owned equally by both spouses. Each state's law, however, is different, with some states recognizing the property at the time of conception, and others recognizing it some time later, perhaps not until filing or not until the patent issues.