1? Personal rights in intellectual property rights only belong to the intellectual property owner and do not occur because of marriage.
2? Property rights in intellectual property rights should be solved according to the theory of expected right (expected interest) and vested right (vested interest) and relevant laws and regulations. During the marriage, one of the husband and wife did not conclude a contract with others to use or transfer their intellectual products, nor did they use or implement them by themselves. The economic benefit of this kind of intellectual property is only a kind of expectation benefit, and the reward right in intellectual property is also a kind of expectation right. This property right cannot be owned by both husband and wife. If one of the husband and wife, as the intellectual property right holder, has signed a use contract with others, regardless of whether the intellectual property right holder actually receives the remuneration, the remuneration is a vested interest, which belongs to the common property of the husband and wife and belongs to the husband and wife. Therefore, the third item of article 17 of the Marriage Law only stipulates that "the income from intellectual property" is the joint property of husband and wife, and the intellectual property itself still belongs to the exclusive right of the party who obtained the intellectual property.
3? Patent income refers to the property income actually obtained or clearly obtainable during the marriage relationship. The remuneration obtained by the patentee from transferring the patent right or licensing others to use its patent, etc.