My cofounder is completely shutting me out

Sue his ass. Defame him.

As a Co-Founder you should have certain privileges such as information.

Has there been any written non-compete agreements? You could use what you have made in the formation of a new company (with the right paperwork / agreements at hand to avoid this) or sell to an existing company while not violating any existing patents. Being a 'first mover' is not advantageous all the time.

The other option is to challenge the validity of the patent but you will need specialist help.

When you say you completed the prototype and handed it over, exactly what happened? If you have evidence that you built it on your own - you may be entitled to something, most of it will depend on how you "handed it over". I am assuming you didn't do this literally. So did you sell it to him, did you assign things to him, did you agree to anything? Is anything documented in email? Was there consideration? What were the terms? What were you expecting in return (regardless if you were justified or not)?

Regarding the patent, if you have proof you were a co-inventor and your name isn't on it, you can complain to the USPTO to either get your name on it or get the patent voided. Let him know that.

Also as a co-inventor, if you never assigned over any IP rights, you have FULL rights to license the patent to anyone without his agreement (he has the right to do the same). So you could threaten to license that patent to a competitor (after you get the USPTO to put your name as a co-inventor).

If any of this is true, then why are you here instead of talking to a lawyer??? I'm seeing how it might have been easy for your cofounder to shut you out.

Strategically speaking, don't go nuclear just yet. Play your cards wisely. Declaring war may feel good, momentarily, but it's a rookie move which makes winning a longer, more difficult process.

Do, indeed, seek legal counsel. Do plan your moves. Do maintain a cordial tone while you execute that plan. Do take action - the sooner the better. Good luck.

Michelle Fisher

@GetSetMC

Lawyer up