USPTO to Terminate the After Final Consideration Pilot Program 2.0
October 3, 2024
By: Alice O. Carroll and Christine M. Wise
The United States Patent and Trademark Office (USPTO) will terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0) on December 15, 2024. Due to fiscal reasons and public feedback, the USPTO has decided to terminate this program. The last day to submit a request under this program is December 14, 2024.
Under the AFCP 2.0 Pilot Program, the Examiner is given additional examination time to consider amendments made by Applicant in an amendment after final where at least one independent claim is amended. Prior to an appeal or an RCE, the Examiner can conduct a search and/or an interview which can provide useful insights on examination prospects to the Applicant. After the AFCP 2.0 pilot program terminates, there are still opportunities to interview with the Examiner or file a pre-appeal brief at this stage of prosecution to advance prosecution toward allowance.
