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.

The AFCP has been available to applicants since 2012. On April 3, 2024, the USPTO proposed an update to the USPTO fee schedule that included a new fee of $500 for undiscounted entities and a lesser fee for small and micro entities. The new fee proposal was to offset the USPTO’s costs in administering the AFCP. However, feedback on the proposed fee signaled that the proposed fee was not widely accepted by the public. The termination of the AFCP on December 14, 2024, provides applicants a reasonable amount of time to adjust to the upcoming termination of the program. However, applicants may want to consider reviewing their applications with pending final office actions to file any AFCP requests prior to the program termination.

The full text of the notification to terminate the AFCP including more information on various options that are still available to applicants can be found at the following links:

Federal Register: Extension and Termination of the After Final Consideration Pilot Program 2.0

Patent Related Notices – 2024 | USPTO