Patent fees after marriage are the property of both husband and wife.
The copyright obtained by a work started by one party before the marriage and completed before the marriage is not the joint property of the husband and wife, but the personal property of the creative party.
The joint property of husband and wife includes the following:
1. Source of property. All income from wages and bonuses after marriage, income from production and operation, and income from intellectual property rights, in the absence of proof to the contrary, are the joint property of the husband and wife;
2. Time of acquisition of property. All property acquired during the marriage relationship, if there is no proof to the contrary, is the joint property of the husband and wife;
3. Usability of the property. If the value of this part of the property is relatively large and it occupies a larger share of the family property, it should also be regarded as the property of the husband and wife for division;
4. From the perspective of the property and the personality and identity of both spouses, Analyze whether the specific relationship between husband and wife has the same property.
To sum up, under normal circumstances, the invention patents obtained by the couple during the marriage relationship can be regarded as the proceeds of intellectual property rights and can become the joint property of the husband and wife and owned by the husband and wife jointly.
Legal basis:
Article 1062 of the Civil Code
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;< /p>
(3) Income from intellectual property rights;
(4) Property inherited or donated, except as provided for in Paragraph 3 of Article 1063 of this Law;< /p>
(5) Other property that should be owned by the contract.
Husband and wife have equal rights to handle the same property.