On July 11, 2016, the US Patent and
Trademark Office (PTO) announced a new pilot program to enhance
after final practice. The Post-Prosecution Pilot Program (P3)
combines elements of the Pre-Appeal Request for Review and AFCP 2.0
After Final Consideration Pilot, and is designed to reduce the
number of appeals and issues to be taken up on appeal to the Patent
Trial and Appeal Board (PTAB or Board), and to reduce the number of
Requests for Continued Examination.
To participate in the P3 program, an
applicant must submit an original utility non-provisional
application filed under 35 USC § 111(a) or a national phase
application filed under 35 USC § 371 containing an open final
rejection. The P3 request is limited to five pages of arguments
regarding appealable matters and must include a transmittal form
identifying the submission as a P3 submission as well as a
statement that the applicant is willing and available to
participate in a conference with a panel of
