The USPTO has decided to allow the After Final Consideration Pilot (AFCP) 2.0 Program to expire. The AFCP 2.0 Program was designed to make patent prosecution more efficient and to reduce pendency by reducing the number of Requests for Continued Examination (RCE). The program allows the Examiner to spend additional time for search and consideration when examining an After-Final Amendment. If the After-Final Amendment does not result in allowance, the Examiner will often call the Applicant to discuss the results of any additional search. But Examiners have wide discretion as to whether to consider the AFCP 2.0 Request, and some Examiners would not use the program.

The program was used often; more than 60,000 AFCP 2.0 requests have been filed each year. To recuperate costs associated with the AFCP 2.0 Program, the USPTO had proposed charging a $500 fee (large entity) for filing a request. But public comments were not in favor of the fee because the Examiner might not conduct additional search or examination, even if the Applicant paid the fee. In view of the public’s hesitancy to pay a fee, the USPTO decided to eliminate the program.

The last day to file an AFCP 2.0 Request is December 14, 2024. After December 14, 2024, Applicants may file a regular After-Final Amendment or may file an RCE accompanied by an Amendment. See After Final Consideration Pilot Program 2.0 | USPTO

Please contact us at sughrue@sughrue.com if you have any questions about the expiration of the AFCP 2.0 Program.