Divorce Court: Ownership of Patents is a Matter of State Law

Weres v. Weres, 04-1233 (Fed. Cir. 2005), the Federal Circuit affirmed the dismissal of a complaint by Oleh Weres against his ex-wife Nancy Weres seeking to collaterally attack a divorce degree giving Nancy Weres joint ownership of patents on inventions made by Oleh. The Federal Circuit held that the federal courts lacked jurisdiction under the Rooker/Feldman doctrine, that U.S. district courts do not have jurisdiction over challenges to state court decisions. The Federal Circuit observed that state courts have the power over the ownership of patents.
COMMENT: The mischievous effects co-ownership of patents under 35 USC §262 are often overlooked by non-patent professionals, and include problems in splitting both the costs of, and benefits of patent ownership.