I have a patent application that was poorly written. There have been no office actions on the merits and the application has not published. I want to basically rewrite the app, or at least change it significantly (for instance, they discussed their invention in the background section). I was thinking I could let the original app. go abandoned and file a continuation before abandonment, however, my concern is that I want to rewrite a lot of the specification. Can I do that (rewrite a lot of the spec)? Is there a better way to do it that still keeps the filing date?
Or should I file a CIP and rewrite most of the spec?
you need to check if invention was identified in provisional or complete application as filed, if what you are thinking now is out of the scope then you have only option of CIP.
I think drafter may have forgot to differentiate background and description, if yes then you could in a way improve specification via amendments. further these amendments should not add out of scope subject matter. e.g. drafter said CUP and later on amends to CONTAINER which is broader and out of scope.
You can't really rewrite a patent application in a continuation. You're thinking of a continuation in part. This is a complex situation and one that a good patent lawyer can provide a lot of help with. You'll definitely want to move on this prior to publication. This is one where taking advice over the internet is not the way to go. Get a properly licensed patent lawyer to fix this. I know from many personal experiences that leaving things out of a specification can severely limit your claims later. You want this done right. That means shelling out cash for a patent lawyer.