Frequently Asked Questions
The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only.
General Questions
Our firm was founded in 2018 by our tech and legal co-founders through the Y Combinator accelerator with the vision of building an efficient, tech-powered law firm that solved some common problems in the traditional legal marketplace.
By leveraging operational tech and the expertise of our IP attorneys, we’ve developed a business model to deliver top-tier IP results, with 1:1 attorney support, on competitive fixed-fees.
As a firm, we use Fortune 5 best practices for IP drafting, filing, prosecution & portfolio management and our results are competitive with top 20 firms.
We have grown steadily from the positive word of mouth of our clients, the network at Y Combinator, and the greater San Francisco, Silicon Valley-based tech community.
We serve startups, scaleups and enterprise as on-demand, optimized outside IP Counsel.
Our team of attorneys each have 15+ years of experience at prestigious law firms and enterprises, creating and protecting IP with extraordinary amounts at stake.
Their expertise is with a wide range of technologies including:
AI, Artificial Intelligence, Machine Learning, Advanced Software
Augmented Reality, AR, VR, XR
Aviation, Aerospace & Defense
Banking & Fintech
Battery Tech & Renewable Energy
Computer Processing & Software Optimization
Computer Vision
Content Delivery Networks (CDN)
Haptic Feedback
Hardware & Embedded Device
Healthcare, HealthTech, BioTech, Medical Device
IoT & Consumer Electronics, Wearables
Logistics & Transportation
Manufacturing
Nanotech
NLP, SmartBot & Ontological Processing
Oil & Energy
Orthopaedic & Orthodontic Devices
Risk & Cybersecurity
Robotics, Autonomous Vehicles, UAVs
SaaS, E-Commerce & Marketplaces
Semiconductor, Integrated Circuits & Chip Design
Standard Essential Technologies
Telecommunications, Mobile & Video Tech
Cognition IP has a dedicated technology team that works closely with our legal experts to develop best-in-class technology.
Cognition IP’s online portal is used for case management, which reduces the administrative load for the legal team.
Cognition IP also develops AI-enabled resources to help with patent search and template creation for more efficient patent drafting.
All legal work is handled by Cognition IP’s team of experienced patent lawyers, who leverage our technology to work more effectively.
We work on competitive, cost-effective, transparent fixed fees, almost entirely off the hourly attorney fee model – unless custom work requires it. With this approach, our clients can budget accurately, without surprises in their legal bill.
It might be nice to know that we do not charge for standard communications.
As well, we will look for opportunities to maximize the value of your IP strategy with your given budget but we do not sacrifice quality in the process.
Please inquire for our standard fixed fee quote. USPTO fees are paid separately.
Approvals cannot be guaranteed however our firm has a very high approval rates averaging 90% for applications we draft and file, with very low average office actions, low average RCEs, high success with difficult examiners, and speedy pendency averages, all of which are competitive with top 20 firms in the US.
Our typical timeline is 4-6 weeks from the point of engagement for most patent services.
Average USPTO timelines can be 2–3 years for patents, or 1-1.5 years for trademark, both of which can be shortened considerably with a Fast-Track option.
We do not. Drafting and filing fees are expected before work begins. Other service or procedural fees are billed as they occur. USPTO fees are paid separately.
Book a complimentary discovery call with our attorneys to discuss your invention, strategy, and next steps.
Patent Questions
The USPTO is a first-to-file system, so protecting your innovation as early as possible is usually recommended. Pre-MVP is good timing for planning and early evaluation. At MVP stage, a provisional application can secure your filing date while you continue building.
On the topic of timing, a note of caution: disclosing even partial invention details in a public launch, on your website or in public presentations can block patentability in some countries so please be aware there are risks to a commercialize-first approach.
Our team of attorneys each have 15+ years of experience at prestigious law firms and enterprises, creating and protecting IP with extraordinary amounts at stake.
Their expertise is with a wide range of technologies including:
AI, Artificial Intelligence, Machine Learning, Advanced Software
Augmented Reality, AR, VR, XR
Aviation, Aerospace & Defense
Banking & Fintech
Battery Tech & Renewable Energy
Computer Processing & Software Optimization
Computer Vision
Content Delivery Networks (CDN)
Haptic Feedback
Hardware & Embedded Device
Healthcare, HealthTech, BioTech, Medical Device
IoT & Consumer Electronics, Wearables
Logistics & Transportation
Manufacturing
Nanotech
NLP, SmartBot & Ontological Processing
Oil & Energy
Orthopaedic & Orthodontic Devices
Risk & Cybersecurity
Robotics, Autonomous Vehicles, UAVs
SaaS, E-Commerce & Marketplaces
Semiconductor, Integrated Circuits & Chip Design
Standard Essential Technologies
Telecommunications, Mobile & Video Tech
Cognition IP has a dedicated technology team that works closely with our legal experts to develop best-in-class technology.
Cognition IP’s online portal is used for case management, which reduces the administrative load for the legal team.
Cognition IP also develops AI-enabled resources to help with patent search and template creation for more efficient patent drafting.
All legal work is handled by Cognition IP’s team of experienced patent lawyers, who leverage our technology to work more effectively.
We draft provisionals with the same care as non-provisionals.
Our focus is a fully enabled application which adequately prepares for the nonprovisional conversion in due time.
We do not recommend or facilitate DIY or short-cut approaches.
We believe in a thorough foundation for your IP, which includes a well-crafted provisional even if it is broad.
We do not recommend a provisional for all clients, as it has strategic benefits primarily for pre-MVP or MVP stage innovations.
Filed provisional and nonprovisional applications do not provide legal protection.
You may use the term ‘patent-pending’ after filing, which is simply a notice to competitors that an application has been filed. It may provide a general barrier to entry from a marketing perspective.
Upon meeting the USPTO requirements and completing the patent process, an approved patent would provide legal protection.
If speed is of the essence, we can file via USPTO Fast Track, where we have had success as quickly as a few months. Approval cannot be guaranteed.
Approvals cannot be guaranteed however our firm has a very high approval rates averaging 90% for applications we draft and file, with very low average office actions, low average RCEs, high success with difficult examiners, and speedy pendency averages, all of which are competitive with top 20 firms in the US.
We do not perform patent searches in all cases. Patent searches (typically $3K–$5K) are never absolutely conclusive. Directing the funds towards the first office action might be a better use of budget in certain circumstances.
We offer patent search, landscape searches and full Freedom to Operate searches only when there is a strategic benefit.
General patentability can be assessed in the early discussions with your attorney.
If you have allocated a budget towards IP and are ready for evaluation, we invite you to a brief discovery call to see if we could be a good fit on technology and timeline.
Should we both decide to move forward, we would share an Engagement Agreement. Upon signing we can begin the process and issue a disclosure form. After your disclosure form is completed and returned, we will review the technology. If we both agree on proceeding with services, we request payment up front.
Our typical timeline is 4-6 weeks from the point of engagement for most services.
Average USPTO timelines can be 2–3 years for patents, or 1-1.5 years for trademark, both of which can be shortened considerably with a Fast-Track option.
In many cases, we can support the strategy and applications needed for international filings. In cases where we may need international partners, we have these in place, depending on territory.
As part of your strategy, we will look for additional or supplementary areas to include in your patent claims. This way, if your core invention can’t be protected, there may still be a chance of capturing value and protection for your company. This cannot be guaranteed, and are assessed on a case-by-case basis.
The provisional patent application is good for 12 months. After 12 months, it automatically becomes abandoned. To use it, you must file a non-provisional patent application that claims priority to it within the one-year time limit.
Approved patents have a limited lifetime. Currently, they expire 20 years from when they were first filed (or earliest priority date). After a patent expires, anyone is free to use the technology in a patent.
Trademark FAQ
A trademark is a word, symbol, design or sound which identifies a product or service associated with a particular source or company.
A trademark protects a company’s marketing investment in creating brand recognition for the product or service.
Over time, a brand becomes more popular and recognizable. This brand recognition is often referred to as goodwill and is the intellectual property that is protected by the trademark.
In some countries, such as the United States, just by using a trademark in the promotion or sale of a company’s product or service, the company immediately creates common law trademark rights.
However, the scope of protection is somewhat limited based on the laws of the states where the trademark is used.
One should consider filing for a federally registered trademark especially when the product or service will be sold interstate.
A federal trademark registration provides additional legal protections and helps prevent others from obtaining a similar trademark registration on like products or services.
By not obtaining a federal trademark registration, another company may begin using a similar mark and establish their own rights in the trademark.
This may lead to a situation where both companies may be able to use the same trademark.
In general, the initial attorney fee covers a trademark search and preparation/filing of a trademark application.
The USPTO charges filing fees separately.
Trademark searches cannot definitively provide a full guarantee of success in registering your trademark or a confirmation that there is no legal risk.
A trademark that is based on completely invented terms is usually the safest approach.
Please note that additional fees may be incurred after filing the trademark application due to the course of trademark examination.
For international trademark filings, one can file a trademark in as many countries as you’d like via the World Intellectual Property Organization (WIPO).
The government filing fees depend on which countries you wish to file in. It is best to file an international trademark application within 6-months of filing a U.S. trademark application.
In terms of timeline, the whole process typically requires 12-18 months for a successful trademark examination to conclude with a Notice of Allowance.
