Register a patent under your name vs. under your company's name

[chikenlittle]

I have some patent/copyright questions.

1.) can a foreigner patent his intellectual property here in this US?
2.) what are the advantages/disadvantages for patenting an intellectual property under your own name vs. your company's name? or does it matter?

 

[Michael Wechsler]

1) Yes but it must be declared. http://www.uspto.gov/web/offices/pac/mpep/documents/0600_605_01.htm
I don't think there are any other requirements.

2) Not sure as I haven't formerly handled patent applications, only some evaluation. I would think it's similar to Trademark but don't know this with certainty.

 

[chikenlittle]

hi thelawprofessor,

thanks for the link in #1.
secondly, my question about doing a patent under your name vs. under a company name was in relation to making that intellectual property divorce-proof.

how do i make an intellectual property divorce-proof? it all starts with the parties involved when it was patented right?

 

[Michael Wechsler]

Divorce proof... that has to do more with divorce law than it does intellectual property law and questions about structure. For that I'd definitely speak to an attorney for a full consultation because these issues are fact specific.

 

[chikenlittle]

what kind of lawyer should i look for?
someone whose expertise is family law? or is there another kind?

 

[Michael Wechsler]

what kind of lawyer should i look for?
someone whose expertise is family law? or is there another kind?

Sorry for the late reply - a family/divorce lawyer would probably know best. They deal with these asset management issues all the time both before and after marriage. You can also take out a http://www.thelaw.com/casereview/ and a qualified lawyer in your area can reach you.