Strategy and patentability
Invention framing, disclosure timing, preliminary prior-art analysis, filing sequence, ownership, budget, and portfolio priorities.
Primary Cognivito practice
Patent services for inventions with a real business job
Cognivito helps inventors, founders, and technology companies evaluate patentability, select a filing path, prepare and prosecute applications, and manage a portfolio around the technical and commercial strategy.
Written and reviewed by Stewart Myers, Oregon attorney and registered patent attorney · Last reviewed
Direct answer
What does a patent attorney do before filing?
Short answer: identify what may be patentable, understand the prior-art and disclosure context, determine who contributed to the invention, confirm ownership, select a provisional or nonprovisional path, and draft the disclosure and claims around the commercially meaningful concept.
The USPTO examines patent applications, but it does not build the applicant's business strategy. The legal work is strongest when the application explains the technology with enough depth while the claim plan accounts for products, alternatives, design-arounds, and the likely path through examination.
Core patent pathways
Choose the filing tool that matches the asset
Provisional applications
An early U.S. filing that can support a later nonprovisional application when the subject matter is adequately disclosed and the later filing is timely.
Provisional applicationsUtility applications
Applications directed to qualifying functional inventions such as processes, machines, articles of manufacture, compositions, and improvements.
Utility applicationsDesign applications
Applications directed to the ornamental design of an article, with drawings that define the claimed appearance.
Design applicationsFrom disclosure through prosecution
A practical patent-work sequence
Invention intake
Identify the problem, the technical solution, alternatives, contributors, dates, disclosures, business use, and known prior art.
Filing strategy and drafting
Select the application type and build the description, drawings, and claims around what should remain valuable as the product changes.
USPTO examination
Evaluate office actions, cited references, claim scope, amendments, argument, interview options, continuation strategy, cost, and business relevance.
Frequently asked
Patent strategy questions
Should every invention be patented?
No. A business may choose patents, trade-secret controls, publication, contract protection, speed, or a combination. The decision depends on patentability, detectability, competitive value, disclosure risk, cost, expected life, and business strategy.
What are the main U.S. patent types?
The USPTO identifies utility, design, and plant patents. Utility and plant applications can use provisional and nonprovisional filing paths; provisional applications are not available for design inventions. See the USPTO filing overview.
Can Cognivito take over an existing application?
Potentially. A transfer requires a conflicts and fit review, review of the file history and deadlines, confirmation of authority and USPTO records, and a written scope. Cognivito does not accept a deadline merely because a file or inquiry was sent.
Does a patentability search guarantee a patent?
No. A search is limited by its scope, timing, databases, terminology, classification, available records, and human judgment. The USPTO may find different references or reach different conclusions, and other legal requirements still apply.
Authoritative sources
Official patent resources
Primary sources support the general information on this page. A particular invention requires fact-specific analysis under current law and USPTO practice.
Start with a nonconfidential description of the invention, the trigger, and the timing.
Do not send enabling technical detail until Cognivito confirms conflicts and accepts the engagement.
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