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ARTICLE · 04 OCTOBER 2024

USPTO To Terminate The After Final Consideration Pilot Program 2.0 For Patent Prosecution

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The end of the AFCP 2.0 marks an important shift that will affect the cost and strategy of responding to Final Office Actions.

United StatesIntellectual Property
Brian Paul Gearing Ph.D.
Brian Paul Gearing Ph.D.
Deborah H. Yellin
Deborah H. Yellin
Hefeng Su
Hefeng Su

What You Need to Know

Key takeaway #1

The end of the AFCP 2.0 marks an important shift that will affect the cost and strategy of responding to Final Office Actions.

Key takeaway #2

Applicants should take immediate advantage of the program while it remains available and prepare for the transition to alternative prosecution approaches.

Traditionally, a response to a Final Office Action ("FOA") issued by the United States Patent and Trademark Office ("USPTO") often involves filing a Request for Continued Examination ("RCE") in order for the Examiner to consider further claim amendments. In 2013, the USPTO launched the After Final Consideration Pilot program 2.0 ("AFCP 2.0") as an alternative. The AFCP 2.0 program allows patent applicants to request consideration of an amendment after a FOA without additional fees and grants examiners extra time to review the after-final amendment. This provides applicants the chance to file after-final amendments without

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