In a significant update for patent applicants and intellectual property lawyers, the United States Patent and Trademark Office (USPTO) has announced it will terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0), effective Dec. 14, 2024.

This move comes as the culmination of feedback received from stakeholders regarding the program’s utility and the introduction of a proposed fee that was intended to offset administrative costs of the program.

The AFCP 2.0 was designed to provide applicants with additional opportunities to have their amendments considered after a final rejection without having to file a request for continued examination (RCE). However, USPTO said the costs associated with administering the program are “significant.”

 On April 3, 2024, the USPTO proposed a new participation fee that would generate the revenue needed to sustain the program into fiscal year 2025. Stakeholder feedback, however, indicated a lack of widespread support for the proposed fee. This reluctance ultimately led to the decision to sunset the program, albeit with a brief extension to ensure stakeholders can transition smoothly.

For those who have relied on the AFCP 2.0, this change necessitates a strategic reassessment of post-final rejection options. During the extension period, applicants and their legal representatives are encouraged to explore alternative processes for after-final considerations.

The USPTO’s decision underscores the importance of balancing operational costs with user needs and feedback. For patent applicants and intellectual property attorneys, staying abreast of these changes is crucial. With the AFCP 2.0 ending, exploring other avenues for after-final consideration will be vital to maintaining the robustness of patent applications.

For more information, including detailed guidance on available options post-AFCP 2.0, and to understand how these changes may affect your patent strategies, contact one of the experienced patent attorneys at Panitch Schwarze. By staying informed, the patent community can effectively transition and continue to protect intellectual property rights in an evolving administrative landscape.