How to handle taking my (pre-) IP when my partner deserted the LLC?

My (50/50) co-founder of 2 years has deserted me, not answering any of my texts, calls, or emails.

He put in about $20k, including $10k for a patent application where I’m the inventor.  He also paid for some hardware development/prototypes.

I put in hardware prototype development, business management time, and tons of development time in general, working usually more than 10 hours a week for the nearly the entire span (sweat equity).  He’s put in very little effort over this time.

Since he’s effectively deserted me here, and told me in an earlier text that he can’t do this anymore (and upon prodding, couldn’t give me the decency of a phone call or discussion over email), I’m looking to move on.

I have working hardware prototypes in my possession, and he still owes around $3000 reimbursement to the technology vendor ( a friend of mine who’s willing to work with me, but would like to get paid ).

The patent attorney has already been paid, and they are awaiting the final signature from me before sending off.  I’m not going to do this because I don’t want to assign my IP to the dead company and then fight/negotiate to get it back.

The only things I care about is taking possession of my patent application & getting my friend/vendor paid…

How would you suggest that I handle the situation?

  • How would you suggest that I handle the situation?

    Option 1: ASK your Patent Attorney. Yours is not the first of this kind of situation. Start with your Attorney (at least as the question).

    Option 2: Just instruct your attorney to just file Patent in your name only (not company). The company is insolvent/dead (ie: not a functioning company with assets to sue with or sue for). Your partner is AWOL, so just have patent assigned to you as individual. If your partner comes after you later, then deal with it then.

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