Patents and other intellectual property are assets that may be considered marital property subject to equitable distribution in divorce. I'm in a marriage that is going to well but I have an idea for a patent and plan to file for a provisional patent in the next few days.Property division in a North Carolina divorce proceeding has one goal: to establish which spouse owns each asset of marital property. Log in to access forms. Select the type of form listed below for direct links to TEAS and TEASi forms. § 2.32 Requirements for a complete trademark or service mark application. § 2.33 Verified statement for a trademark or service mark. Federal Registration Requirements. Courts have held that patents can qualify as community property if the USPTO issues them during the parties' marriage. In this article, we address common questions about trademark registration.