If a patent application is abandoned, can the same patent application be re-submitted at a later date?

Also, if a patent application is abandoned - can someone buy the rights to that patent application?





We had a misunderstanding with the USPTO and they are claiming our patent application is now abandoned and want $800 to reinstate it. We are thinking about just leaving it be, and resubmitting it again, which is less costly. However, we are not sure whether someone can buy the rights to our first patent application if we do indeed leave it abandoned?





Thank you|||The same patent application can be resubmitted at a later date. You can submit patent applications on stuff that has already been invented. However, your likelihood of recieving a patent will be very low.





No one can buy a patent, except from the owner of the patent. So if you own an abandoned patent application, then to acquire it, someone would have to go through you.





Basically, abandoning the original and filing the exact same application is a bad strategy. The original application may be used as prior art against your present application. There may be intervening prior art between when you first filed and when you refiled. Your own actions may be 102(b) prior art against you.





Sounds like you need a patent attorney to help you.|||I am unable to contact your contact settings are disabled.

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