USPTO to Terminate After Final Consideration Pilot Program 2.0 by December 2024
The United States Patent and Trademark Office (USPTO) has announced the termination of the After Final Consideration Pilot Program 2.0 (AFCP 2.0), a program designed to improve patent prosecution and reduce requests for continued examination. While the program was initially scheduled to expire on September 30, 2024, the USPTO has extended its deadline to December 14, 2024, providing extra time for those preparing submissions.
AFCP 2.0, launched in 2013, enabled applicants to request further consideration of amendments following a final rejection. The program aimed to encourage collaboration between patent examiners and applicants to reduce delays and improve efficiency. However, due to its popularity, the USPTO has incurred significant administrative costs, estimating over $15 million spent on processing more than 60,000 annual requests since 2016.
In response to these costs, the USPTO proposed a new fee structure in April 2024 to recuperate expenses, suggesting charges of $500 for undiscounted entities, $200 for small entities, and $100 for micro entities. Despite this proposal, public feedback revealed concerns about the new fees, leading the USPTO to decide against continuing the program.
Applicants still have alternative options for patent consideration, including filing a pre-appeal brief request for review or engaging in interviews with patent examiners. Requests under AFCP 2.0 will no longer be accepted after December 14, 2024.
This marks a significant transition as the USPTO seeks to streamline patent processes while balancing administrative costs.
To read the Federal Register announcement, please use the link below:
https://public-inspection.federalregister.gov/2024-22481.pdf
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