USPTO Extends After Final Consideration Pilot Through September 30, 2020

By Mark Malek
Widerman Malek, P.L.
Melbourne, Florida

The United States Patent and Trademark Office has announced the After Final Consideration Pilot (AFCP 2.0) has been extended through September 30, 2020.

The program is part of the USPTO’s efforts to compact prosecution and increase collaboration between examiners and stakeholders. The AFCP 2.0 helps to streamline responses to Final Office action rejections and provides additional time for the examiner to search prior art and consider an after-final response.

The advantage to having an AFCP request granted is the opportunity to file an after-final response without having to file a Request for Continued Examination – saving the applicant significant time and fees. It also allows for stakeholders to speak to the examiners if they initiate an interview.

This process has been very successful for our clients and has given patent Examiners the amount of time that they need in order to arrive at a positive result. If you are dealing with an examination process that seems to be bogged down and you are at the Final Office action stage, you should consider seeking consideration of your application using the AFCP.