USPTO Extends the After-Final Consideration 2.0 Program
The USPTO announced last week that it is extending the After Final Consideration Pilot (“AFCP”) 2.0 program through September 30, 2015. The program, which was scheduled to expire at the end of this month, provides examiners with additional time to consider responses and to conduct searches and/or interviews with applicants after a final rejection has been issued.
The extended program also aims to improve transparency in the after-final examination process by requiring examiners to complete an AFCP Response Form, informing applicants of the status of the submission. According to the USPTO, “the new form is designed to more clearly indicate how the AFCP submission was treated by the examiner.”
We have seen positive results in many cases using this program over the past year-and-a-half since its inception. We believe that the new AFCP Response Form will further assist applicants to more quickly move beyond final rejections to allowance, appeal, or other outcomes. Because the AFCP 2.0 requires no additional fee, applicants are encouraged to consider using AFCP 2.0 in applications under final rejection, where allowance appears likely with only limited further searching and/or consideration by the examiner.
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This article was written by Joseph Schuller, Counsel, and David Woodward, Principal, in the Intellectual Property Group at Miles & Stockbridge P.C.
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