Does the income from pre-marital intellectual property belong to pre-marital property or post-marital property?

According to the provisions of the Marriage Law, the intellectual property income generated after marriage belongs to the joint property of husband and wife. Refer to Article 17 of the Marriage Law: "The following property acquired by husband and wife during the marriage relationship shall be owned by both husband and wife: salary and bonus; Income from production and operation; Intellectual property income; Property obtained by inheritance or donation, except as provided for in Item 3 of Article 18 of this Law; Other property that should be owned by * * *. Husband and wife have equal rights to dispose of all property. " However, in practice, it will be analyzed according to the actual situation, and whether the time when the property income of intellectual property rights has been clearly defined is within the duration of the marriage relationship can be used as a criterion to judge the ownership of this part of income. Details are as follows: 1. According to the provisions of Article 12 of the judicial interpretation, during the marriage relationship, the property interests of intellectual property rights actually obtained or clearly obtainable shall be jointly owned by the husband and wife. In other words, during the marriage relationship, intellectual property rights are created by one of the husband and wife after marriage, and one party obtains its ownership, and the intellectual property rights itself belongs to one party. However, the income from intellectual property rights, that is, property rights, should be owned by husband and wife and belong to the common property of husband and wife. For example, during the marriage relationship, the remuneration obtained after the publication, performance and broadcasting of the work or the remuneration obtained by allowing others to use it; Remuneration obtained by the patentee in transferring the patent right or licensing others to use his patent; The remuneration obtained by the trademark owner from transferring the trademark right or allowing others to use its registered trademark belongs to intellectual property income and belongs to both husband and wife. 2. If the property income of intellectual property rights is defined before marriage, even if the income is actually obtained after marriage, the income still belongs to the individual's pre-marital property. 3. If the property income of intellectual property rights after divorce is clear, the income is personal property.