San Antonio Division of Intellectual Property Attorneys
Dividing tangible assets, such as furniture, jewelry, and works of art, during a divorce is complicated enough as-is, but the process becomes even more intricate when creative property is involved. Although the non-tangible aspects of asset division are easy to overlook, the fruits of mental labor are subject to division in a divorce just as much as concrete assets. Intellectual property is defined as the legal rights to an expressed idea, commonly protected in the form of patents, trademarks, and copyrights. There are a plethora of questions raised when a divorcing couple owns intellectual property, most of which have to do with how much the idea is worth, its future earning potential, who is entitled to royalties, and how much of the intellectual property is part of your marital assets.
At Higdon, Hardy & Zuflacht, L.L.P., we are familiar with the complex nature of dividing intellectual property. Properly quantifying intellectual property is a daunting task, but our legal team understands how important it is to retain creative control over any inventions, processes, or ideas that came to fruition during your marriage. Our skilled San Antonio division of intellectual property attorneys are dedicated to gaining a clear understanding of your creative endeavors and work precisely to ensure an amicable split favored by both parties. We understand the demarcation of your intellectual property rights is a huge responsibility and can guide you through a medley of options that will best serve your interests.
We know that divorces can be messy, so we strive to keep this aspect of the process as efficient and painless as possible. You can trust us to handle your intellectual property with care because we are well aware of the implications it could have on both your future earning potential and the earning potential of your ex-spouse. To learn more about how we can help you, contact us today at (210) 349-9933 or get in touch with us online.
Why You Need a Lawyer
Divorces are difficult enough as it is. They are emotionally draining, high-tension situations for all parties involved. If you have a joint stake in intellectual property with your ex-spouse, it can complicate the situation even further and lead to more conflict, which is something that you want to avoid. Additionally, the litigation surrounding an intellectual property battle is very complicated, especially if a pre- or post-nuptial agreement did not previously determine the division of this property, so trying to handle it on your own can make your already stressful situation even more difficult.
To further complicate an already complex set of circumstances, different states have different guidelines for how intellectual property should be divided in cases of divorce. This means you would have to carefully research your state’s rules before you even get into litigation. You shouldn’t have to go through this alone. At Higdon, Hardy & Zuflacht, L.L.P., our lawyers are trained to handle the implications of a division of intellectual property and will devise a way to fairly divide the future earnings that could result from your collective creative endeavor. We will handle the complicated litigation so that you can focus on the other aspects of your divorce.
Why Choose Higdon, Hardy & Zuflacht, L.L.P.
At Higdon, Hardy & Zuflacht, L.L.P., we pride ourselves on our ability to work out peaceful solutions to intellectual property disputes. We have many satisfied clients who agree that as difficult as divorce can be — especially when there are disputes beyond what is expected with most divorces— we settle them in the most efficient way possible with the least amount of work on the part of the clients.
Our team consists of a group of incredibly qualified family lawyers with impressive track records, extensive experience, and countless awards and accolades. In fact, every attorney at Higdon, Hardy & Zuflacht, L.L.P. is board certified in family law, a feat achieved by only 1 percent of lawyers in the state of Texas. Amy A. Geistweidt has been practicing law since 1993 and received her certification in family law in 2001. She teaches many classes and seminars related to the work she has done as a family practice attorney and was named a Texas Super Lawyer by Texas Monthly magazine. David T. Emory received his Juris Doctor degree from St. Mary’s University, right here in San Antonio, in 1990 and received his family law certification in 2013. He has been named as one of the Top Attorneys in Texas every year since 2013.
Our dedicated team of attorneys has been serving San Antonio and the surrounding communities for years, and many of us even went to college in this town. No one wants to go through a divorce, but if you need us, we are here for you whether you have a straightforward divorce or in cases that are complicated by personal or business ties, such as in intellectual property cases.
Division of Intellectual Assets Options
When a divorcing couple divides their intellectual property rights, it is important to consider whether or not you would be willing to work with your former spouse in the future. If you would rather not, it may be beneficial for you to offer a buyout of your spouse’s interest in the patent, copyright, trademark, or idea. Common options for divvying intellectual property include:
- Determining a value of the intellectual property and divide it
- Determining a royalty rate for future return on the intellectual property’s value
Determining the value of the property and dividing it could mean that you both maintain possession of the property. You could also opt to sell whatever the intellectual property is and split the profits down the middle or in some other agreed-upon way. Royalty rates could also be split down the middle if that’s what you decide, but it is often more complicated than that because the parties involved will want to account for the amount of labor each plans to contribute to their project after the divorce is finalized. Chances are, the person who is able to dedicate the most time and labor will have a claim to a higher percentage of the royalties.
If you opt to settle on a divisible value of your intellectual property, there will be short-term costs pertaining to appraisal, but you will be able to end your former spouse’s entanglements in your creative endeavors. These matters are complex, but a knowledgeable attorney can help walk you through which route would be most favorable to you.
Contact a Division of Intellectual Property Attorney
At Higdon, Hardy & Zuflacht, L.L.P., we understand that ownership over your intellectual property is pivotal and division of these complex assets can be cause for argument. Unfair division of your intellectual property rights can negatively impact your future earning potential and squander your creative rights to a project, idea, or invention.
In the midst of a divorce, you may feel very alone. When you and someone you used to love can’t seem to get along about anything, it may seem like there is no one on your side. We can fill that void by taking your side and defending your rights to your intellectual property and a fair percentage of future earnings that may come from it. Our division of intellectual property attorneys do not take this responsibility lightly and know how to examine all aspects of property division in order to reach a mutually beneficial solution. Don’t hesitate to contact us at our San Antonio offices by calling (210) 349-9933 to discuss your case in further detail.