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ARTICLE · 15 OCTOBER 2024

No More AFCP 2.0!

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In a Notice by the U.S. Patent and Trademark office dated October 1, 2024, the USPTO announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will end on December 14, 2024.

United StatesIntellectual Property
Adriana Burgy
Adriana Burgy
Stacy Lewis
Stacy Lewis
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In a Notice by the U.S. Patent and Trademark office dated October 1, 2024, the USPTO announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will end on December 14, 2024.

After proposing a new fee for participation in the AFCP 2.0 for fiscal year 2025 to offset the cost of the program, the USPTO received negative feedback from the public about the proposed fee and is terminating the program.

AFCP 2.0 allowed an applicant upon request to respond to an after final rejection with a non-broadening amendment to at least one independent claim. The goal of the AFCP 2.0 was to improve pendency by reducing the number of Requests for Continued Examination (RCE) and encourage collaboration between the applicant and the examiner to effectively advance prosecution of the application.

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