Interspousal Agreements -- Patent Application -- Ownership
The Arizona Court of Appeals held that the divorce court did not err in rejecting a husband's claim that under the parties' marital settlement agreement he is entitled to ownership of a patent application that lists the wife as the sole inventor.
Upholding an award of the application to the wife, Chief Judge John Pelander noted that while federal courts have exclusive jurisdiction over questions of patent validity and infringement, the question of who owns the patent rights is typically a question for state courts. He observed that case law makes clear that the patent right initially vests in the inventor, who may then transfer that right to another.
Click here to read the full opinion.
