How Texas Community Property System Affects Patent Rights

Law360, New York (August 1, 2013, 1:16 PM EDT) -- The Federal Circuit has explained that it is clear that state law, not federal law, typically governs patent ownership. Akazawa v. Link New Tech., 520 F.3d 1354, 1357 (Fed. Cir. 2008). Like most other community property states, the community property system in Texas was inherited from Spanish and Mexico’s ganancial community system. The Texas community property system shares similarities with the other community property states, but also has some unique aspects that may affect the analysis of patent ownership as marital property. To determine the implications...
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