Can you re-file a patent that some one else submitted and then abandoned? 3 Answers as of February 13, 2015

Can it be the exact images and description or would you need to re-write and draw everything?

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Microtechnology Law & Analysis | Daniel Flamm
An invention can only be patented by the inventor (or his assignee). As for the content, you can include prior art in the written description or drawings. If the drawings and/or description have been published, they will be prior art. A drawing of something that is prior art must be labeled as such.
Answer Applies to: California
Replied: 2/13/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
First, you can't file for a patent unless you are the inventor. Your question seems to indicate the you did not invent the product. Second, If the patent application was published then the published application can be used against your new application. You may be able to re-write the application and claim new features that were not disclosed in the original application.
Answer Applies to: California
Replied: 2/13/2015
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
No because that disclosure is now in the public domain.
Answer Applies to: California
Replied: 2/13/2015
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