Whether intellectual property is counted as patent property depends on the specific circumstances and legal regulations. In some cases, intellectual property may be considered exclusive property, while in other cases, it may not be considered exclusive property.
First, if intellectual property is created or acquired by both spouses, it is generally considered joint property. For example, if a couple jointly invents a patented technology, or jointly creates a song, then the patent or song is usually considered to be the joint property of the couple.
Secondly, if the intellectual property was created or acquired by one party alone, but the proceeds were obtained during the marriage, then it may also be considered joint property. For example, if one party develops a patented technology during a marriage and derives the proceeds, those proceeds are generally considered community property.
However, in some cases, intellectual property rights may not be considered identical property. For example, if intellectual property was acquired by one party before the marriage, it is generally considered that party's separate property.
To sum up, whether intellectual property rights are counted as independent property depends on the specific circumstances and legal regulations. When dealing with intellectual property issues, it is best to consult a professional lawyer to determine the relevant legal provisions and handle them appropriately.
Legal basis:
Article 17 of the "Marriage Law of the People's Republic of China" stipulates: "The following properties acquired by husband and wife during the marriage relationship shall belong to the husband and wife*** Same as all: (1) wages and bonuses; (2) income from production and operation; (3) income from intellectual property rights; (4) property obtained from inheritance or donation, except as provided for in Paragraph 3 of Article 18 of this Law ; (5) Other property that shall belong to both parties."
Article 18 of the "Marriage Law of the People's Republic of China" stipulates: "In any of the following circumstances, one party shall be the spouse. Property: (1) One party’s pre-marital property; (2) One party’s medical expenses, living allowances for the disabled, and other expenses received due to physical injuries; (3) Property determined in the will or gift contract to belong only to the husband or wife; (4) Daily necessities for the exclusive use of one party; (5) Other property that should belong to one party.”