U.S. Patent And Trademark Office To Terminate After Final Consideration Pilot Program 2.0

On September 30, 2024, the U.S. Patent and Trademark Office ("USPTO") announced that the After Final Consideration Pilot Program 2.0 ("AFCP") will terminate on December 14, 2024. Submitting a Response to a Final Office Action under the AFCP has provided applicants and examiners the opportunity to collaborate in an effort to advance prosecution and potentially find common ground on allowable claim language without the applicant incurring additional fees. For example, filing an AFCP request gives examiners additional time to perform an additional, but limited, search on claim amendments included with the AFCP request and also enables both the examiner and applicants an opportunity to discuss various claim amendment proposals. The AFCP provides flexibility to the applicant and the examiner during post-final examination; and the AFCP helps avoid the costs and delays associated with appeal or continued examination. The sunset of the AFCP will limit this flexibility.