I mistakenly filed the incorrect drawings with my application and then later that same day filed a preliminary amendment adding new drawings and requesting the deletion of the incorrect drawings. Will the incorrect drawings be included in a certified copy of the application-as-filed?


Yes, the incorrect drawings will remain in the application file and will be included in a copy of the application-as-filed. Thus, if an applicant wishes to have an application without the wrong drawings, the applicant should file a totally new application (e.g., new specification including claims(s) and fees) comprising the correct drawings, and, if desired, expressly abandon the original application.


USPTO FAQ - Questions and Answers (23NOV2007)