The USPTO’s “After Final Consideration Pilot Program 2.0” (AFCP 2.0) will officially expire on December 14, 2024. This program, in place since 2014, has provided applicants with a valuable opportunity to seek additional consideration after a final rejection. By allowing examiners extra time to review claim amendments or arguments, AFCP 2.0 offers applicants the chance to address examiner concerns without the need for costly and time-consuming appeals or requests for continued examination. To take advantage of the program, applicants must submit the AFCP Response Form (PTO-2323) before the deadline.
AFCP 2.0 has been particularly helpful for patent clients looking for a more efficient resolution to final rejections. It enhances communication between the examiner and the applicant, facilitating interviews that allow for direct discussion of claim amendments or additional search results. These interactions can lead to a clearer understanding of the issues at hand and provide an avenue for resolving patentability disputes, potentially resulting in a faster allowance of claims.
With the program ending soon, we recommend that clients with pending final actions submit their requests before the December 14 deadline. This could be the last opportunity to use the program’s benefits, which have proven effective in improving outcomes and reducing the overall time and cost associated with navigating the final stages of patent prosecution.