Legal subjectivity:
Invention patents do not necessarily belong to the joint property of husband and wife. Under normal circumstances, the invention patents obtained by the couple during the marriage relationship can be regarded as income from intellectual property rights and can become the joint property of the husband and wife and be owned jointly by the husband and wife. However, if there is an agreement between the husband and wife that each property will be owned by each other after marriage, then the invention patent should be regarded as the separate property of the husband and wife. It will still be owned by the individual upon divorce and will not be divided according to law. The law is objective:
Civil Code
Article 1062
The following property acquired by a couple during the marriage relationship shall belong to the couple. ***Tame property shall be owned jointly by husband and wife ***:
(1) Wages, bonuses, and labor remuneration;
(2) Income from production, operation, and investment;
(3) Income from intellectual property rights;
(4) Property inherited or donated, except as provided for in Paragraph 3 of Article 1063 of this Law;
(5) Other property that should be owned by the *contract. Husband and wife have equal rights to handle the same property.