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Case on Ownership of Premarital Intellectual Property Income: How to Identify Income from Patents Completed Before Marriage but Commercialized After Marriage

Source:Judicial Case Research Institute
Author:First Civil Division of the Supreme People's Court
Release Time:2026-07-21
Chu completed a patent invention before marriage and signed a licensing contract with an enterprise after marriage, receiving 5 million yuan in licensing fees. Upon divorce, the spouse claimed division of the licensing fees. The court held that the patent itself was Chu's premarital personal property, but the income from licensing after marriage belonged to community property and should be divided accordingly.

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