The U.S. Patent and Trademark Office is ending the After Final Consideration Pilot Program 2.0, which has been running with annual extensions since the end of an initial pilot program in 2013. The program offers patent applicants the opportunity to request additional time for examiners to search for prior art, conduct an interview with Applicant or Applicant's representative, and consider responses after final rejection.
An eligible response under the AFCP 2.0 program includes 1) a complete response to final rejection filed with 2) a request for consideration under AFCP 2.0 and 3) an amendment to at least one independent claim that does not broaden the scope of the independent claim in any aspect. Not every request is granted.
This year, the U.S. PTO proposed a new government fee of $500 for the AFCO 2.0 program to address agency costs of maintaining the program. Comments submitted during the rulemaking process showed stakeholder disapproval of the new fee. The U.S. PTO decided, however, to allow the program to expire after one last brief extension period. The final date for filing an AFCP 2.0 request is December 14, 2024.
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