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Division of Intellectual Property

Intellectual Property and Divorce in California

In crafting a divorce settlement, we are typically concerned with the characterization, valuation, and division of community financial assets and real estate. However, another type of community asset — intellectual property — is subject to division, too. It presents some unique and highly complex challenges that require the skills of an experienced and knowledgeable attorney.

I am Hugh Thomson, an attorney who focuses my practice on achieving divorce settlements for high income and high net worth clients in Silicon Valley. I have considerable experience in intellectual property division and the many unique legal considerations arising from this process having represented writers, inventors, artists and their spouses.

Call us at 408-298-4000 or contact us online to schedule a consultation to discuss your intellectual property division concerns.

A Work of Art Is Never Complete

The issuance of a patent, trademark, copyright or license is a singular event in time. Yet, like other works of art, they are never really complete. The full development and realization of that innovation usually requires the application of many resources external to the idea itself. This presents some difficult legal questions including:

  • What is the value of an idea if its full commercial potential has not been realized?
  • What if an idea is potentially very valuable, yet still requires significant financial and engineering input to realize that value?
  • How do you fairly value an intellectual asset that has been licensed to another party but whose underlying potential has not been fully developed or exploited by the licensee?

At my practice, The Law Offices of Hugh Thomson, I deal with these and many other complex property division questions every week. I can evaluate your situation, discuss the many legal aspects of your problem, and recommend a course of action for you.

Valuing Intellectual Property

I have particular experience in the valuation of martial assets, including intellectual property. I understand the unique aspects of intellectual property valuation and I understand how to apply the law to achieve my clients' desired outcome. When necessary, I work with outside experts in the fields of accounting, business, engineering, software and other disciplines who can provide answers to specific tough questions about valuation of intellectual property.

In achieving a property settlement, The Law Offices of Hugh Thomson will work to protect your assets and achieve your goals.

For a consultation with a lawyer at The Law Offices of Hugh Thomson, call us at 408-298-4000 or contact us online. Located in San Jose, my firm serves clients throughout Silicon Valley and Northern California.