Thursday, February 12, 2015

Equitable Division of Patents in Divorce



In Ohio, in the context of equitably dividing marital property, the term "during the marriage" is statutorily presumed to run from the date of the marriage through the date of the final divorce hearing. Ohio Rev. Code Ann. §3105.171(A)(2)(a).

However, if the court determines that the use of either or both of these dates would be inequitable, the court may select dates that it considers equitable in determining the value of marital property. Ohio Rev. Code Ann. § 3105.171(A)(2)(b).


It is not uncommon for the court to select the date of separation, the date the parties stopped living together as husband and wife, as the most equitable date for capping the division of marital property. The “Date of Separation” can be critically important regarding division marital interests in patents. Some patents are clearly identifiable as pre or post marital assets, not subject to division.

Generally, spouses who claim marital interest in a patent can hire appraisers to value the property. On the one hand, this can be expensive and speculative. On the other hand, if the rights are subject to valuation, such an option can allow for final division of property without future entanglements with the ex-spouse.

Another option is to negotiate a division of income or royalties from the intellectual property on a go forward basis. Such a division can involve the spouse who manages the property and who is responsible for enhancement of the property value receiving compensation for his or her post divorce labor. This approach also requires agreement on the proportion going to each spouse which can be contentious.


Some patents regarded as marital property can be shown to have no fair market value (the value in money of any property for which that property would sell on the open market by a willing seller to a willing buyer).



The use of a patent valuation expert may be of critical importance. A patent regarded as marital, not prior marketed, may be argued as having no value. The court can only consider evidence before it, unless a later motion alleging such grounds as fraud, newly discovered evidence that through reasonable diligence could not have been discovered at the time, etc., is brought by an aggrieved ex-spouse.



The above information is not offered as, and does not constitute, legal advice. The information presumes you are not currently represented by an attorney who knows your specific circumstances.

23 comments:

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    6. HOW I GOT MY HUSBAND BACK WITH THE HELP OF PRIEST WISDOM CONTACT ON WHATS_APP NUMBER +2348124644470

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      This is my testimony about the good work of priest wisdom who help me.... I'm Ann Earnis from north Carolina USA. And am sorry for putting this on net but i will have to, by this world best spell caster that brought back my husband who left me out for past 3 years, i eventually me t this man on a blog site posting by one of is client for help, i explained everything to him and he told me about a spell caster that he had heard about and he gave me an email address to write to the spell caster to tell him my problems. In just 1 days, my husband was back to me. I just want to say thank you to this truthful and sincere spell caster, sir all you told me have come to pass and thank you sir. Please i want to tell everyone who is looking for any solution to their problem, i advice you to kindly consult this spell caster, he is real,he is powerful and whatever the spell caster tell is what will happen, because all what the spell caster told me came to pass. You can kindly contact him on: his email address is supernaturalspell1@gmail.com or directly on whats-app +2348124644470  or   https://supernaturalspell21.blogspot.com/  


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  7. I am Miss alisha,From USA. I will start by saying to all that have experience heart break and also cant do with out there lover should please stop here and read up my story, So as you will know how to go solving or getting your ex back from this spell caster..AND AGAIN I WILL WANT TO ALSO TELL ALL THAT THIS SPELL CASTER I WILL WANT TO TELL THE WHOLE WORLD ABOUT IS HARMLESS AND DO NOT HAVE ANY SIDE EFFECT, BUT TO RESTORE AND GIVE YOU BACK WHAT YOU DESERVE, COS WHEN I MEET WITH THIS SPELL CASTER THAT WAS INTRODUCED TO ME BY THE WIFE OF MY BOSS IN MY WORKING PLACE, HE MADE IT CLEAR THAT HE CAN CAST SPELL ON SO MANY OTHER PROBLEMS EXCEPT IN GETTING YOUR EX OR MAKING YOUR LOVER TO LOVE YOU MORE THAT WILL SUITE YOU. Last year December, My lover was cheating on me and was not also give me the attention that a man should give to a woman,And really that was troubling my mind and tearing my heart apart to the extent that i was not concentrating in the office the way i use to before the break up by my lover.And before that incident,I always see how my boss use to love his wife so much. I was bringing to think that i was not doing the right thing to him that will make him love me forever,So i really gathered my courage and went to my boss wife office to ask her the secret that made her husband love her so dearly,In the first place she refused in telling me,She asked me why i am asking her such a question,That if is it not normal for every man to love his wife.I told her the reason that made me ask her about this question,That my lover started cheating on me lately,When i knelt down before her for her to see my seriousness in this issue that i went to ask her,She opened up to me by telling me that i should not tell anybody about what she want to tell me,The wife to my boss started to say to me that she used a very powerful spell on his husband to love her,And the spell that she used is harmless, But the spell is just to make him love her and never to look for any other woman except her. I QUICKLY ASK HER HOW DID SHE GET TO KNOW THIS GREAT,POWER,DURABLE AND PERFECT WORK SPELL CASTER,she said that a friend of hers also introduce her to him. Then i also ask her how i can meet with this spell caster.SHE SAID EVERYTHING TO ME,THAT THE NAME OF THIS SPELL CASTER IS Dr.AZEN .My next question to her was how can i get this wonderful spell caster,She said she is going to give me the email of the spell caster for me to contact him for my problem,Really she gave to me this spell caster email:[azentemple@gmail.com]or what'sapp +2349038299828. and i contacted him and explained all to him,And after every thing that needed to be done by the spell caster, In the next two days, My lover that hated me so much came to house begging for forgiveness and i was so glad that i have finally gotten my heart desire..I was so grateful to this spell caster for what he has done for my life.. So i made a promise to him that i will always come.

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  13. 2020 GOOD AND RELIABLE LOVE SPELL TO BRING BACK EX LOVER URGENTLY CALL/WHATSAPP +2348118829899 OR EMAIL infinitylovespell@gmail.com

    My name is Luisa Ryan from Germany, I and my husband have been married for 10 years and we have 3 lovely kids, my husband was always busy with work but when ever it is weekend he always take me and our kids out for dinner and sometime we go shopping together because the kids like to buy things, our family was happy until my husband went on a business trip, when he came back he started acting strange he didn't have time for me and the kids anymore, last month he told me that he is tired of our marriage that he want a divorce at first I thought he was joking until he packed out of the house leaving me and the kids alone, I was heartbroken I couldn't eat for days I cried and cried and the kid were always asking for their dad and I do lied to them, I couldn't take it anymore I decided to search on how to get him back I came across Dr Great email I didn't want to email him at first but knowing am losing my husband I emailed him and explained my problem to him, he replied my mail and told me that he will help me it's will take 24 hrs to cast the spell, after he finished casting the spell he told me my husband will soon be back, few hours later my husband came back home begging and I forgive him now we are living happily together, all thanks to Dr Great for saving my marriage. If your husband or wife left you and you want him or her back the right man to bring them back is Dr Great he is a good man he is a messager send by God to help us in time of problems he can put a stop to your problem email him at infinitylovespell@gmail.com or infinitylovespell@yahoo.com WhatsApp him +2348118829899 check out his blog http://infinitylovespell1.blogspot.commy blogs http://luisaryan35.blogspot.com/

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  14. FAST AND GENUINE LOVE SPELL CASTER TO SETTLE YOUR RELATIONSHIP OR MARRIAGE PROBLEMS OF ALL KINDS email: odionspelltemple@gmail.com or WhatsApp +2347038832903.
    Special thanks to a powerful spell caster Called Dr. Odion who brought my lost lover back with 48hours and since i contact him through email: odionspelltemple@gmail.com or WhatsApp +2347038832903. my life has turn around for good, me and my husband are the best couple in world  since i contacted this man for help through email: odionspelltemple@gmail.com or WhatsApp +2347038832903. for fast response believe me that you will find happiness when this man for work you...

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  15. PROFESSIONAL SPELL CASTER WHO CAN HELP YOU WITH LOVE-SPELL TO GET YOUR EX LOVER BACK URGENTLY AFTER BREAKUP/DIVORCE EVEN IF YOUR SITUATION SEEMS HOPELESS! CONTACT: INFINITYLOVESPELL@GMAIL.COM IS CERTAINLY THE BEST SPELL CASTER ONLINE AND HIS RESULT IS 100% GUARANTEE.. 

    After 3 Years in a relationship with my Boyfriend, my Boyfriend started going out with other girls and showing me cold love, on several occasions he threatens to broke-up with me if I dare question him about his affair with other girls, I was totally devastated and confused until an old friend of mine told me about a spell caster on the internet DR GREAT who help people with their relationship and marriage problem by the powers of love Spells, At first I doubted If such thing ever exists but decided to give it a try, When I contact him, he told me everything I needed to do and I did and he helped me cast a Love Spell and within 28Hours my boyfriend came back to me and started apologizing, now he has stopped going out with girls and he is with me for good and for real. Contact this Great spell Caster for your relationship or marriage problem. 
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