Patent applicants and stakeholders, take note.

USPTO News

In a significant update for patent applicants and stakeholders, the United States Patent and Trademark Office (USPTO) has announced its decision to terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0) on December 15, 2024. This decision follows a brief extension of the program to allow users time to adjust to its cessation.

The AFCP 2.0 program was initially designed to offer patent applicants additional opportunities to engage with examiners after receiving a final rejection, thereby reducing patent examination times for Applicants.

It aimed to streamline the patent examination process by providing a platform for applicants to make amendments or present arguments that could lead to a resolution without the need for an appeal. However, administering the program has proven costly for the USPTO.

On April 3, 2024, the USPTO proposed implementing a new fee to participate in the AFCP 2.0. This proposal was part of a broader effort to set and adjust patent fees for the fiscal year 2025, intending to offset the high costs associated with running the AFCP 2.0 program.

Despite this effort, feedback from stakeholders indicated a general reluctance to accept the proposed fee, leading to the decision to phase out the program.

The program’s termination may initially seem like a setback for patent applicants, but it is important to note that alternative options remain available for after final consideration.

Applicants can still utilize a Request for Continued Examination (RCE) or file an appeal following a final office action. The USPTO has provided detailed information on these alternatives in the full notice, accessible via the Federal Register and the Patent Related Notices webpage.

So what does this mean for those beyond the legal profession?

Understanding the implications of the AFCP 2.0’s termination is crucial for various stakeholders, including inventors, entrepreneurs, and businesses reliant on patent protection. For inventors, this change may prolong the patenting process as it removes a valuable tool frequently used by patent attorneys to shorten patent examination times. With AFCP 2.0 no longer being an available option, applicants will be forced to more frequently rely on an RCE or an appeal for recourse which will add to the cost of securing a patent.

Summary

This termination of the AFCP 2.0 program emphasizes the importance of staying informed about patent law and understanding how such changes can impact the innovation landscape.

At Suiter Swantz IP, we believe it is crucial to stay informed about changes and developments in intellectual property law so we can continue to provide effective counsel to our clients.

If you have questions or concerns, our team of expert attorneys can help.