After Final Consideration Pilot Program 2.0
The United States Patent and Trademark Office (USPTO) has modified the After Final Consideration Pilot Program (AFCP) to create the After Final Consideration Pilot Program 2.0 (AFCP 2.0). Applicants who wish to participate in AFCP 2.0 must file a request to have a response after final rejection (which the examiner may have sufficient basis not to consider under current practice) considered by the examiner without reopening prosecution. The response after final rejection must include an amendment to at least one independent claim. The examiner will be allotted a set amount of time under AFCP 2.0 to consider the response. If the examiner's consideration of a proper AFCP 2.0 request and response does not result in a determination that all pending claims are in condition for allowance, the examiner will request an interview with the applicant to discuss the response. There are thus three main differences between AFCP and AFCP 2.0: an applicant must request to participate in AFCP 2.0; a response after final rejection under AFCP 2.0 must include an amendment to at least one independent claim; and the examiner will request an interview with the applicant to discuss a response, if the response did not result in a determination that all pending claims are in condition for allowance. The goal of AFCP 2.0 is to reduce pendency by reducing the number of Requests for Continued Examination (RCE) and encouraging increased collaboration between the applicant and the examiner to effectively advance the prosecution of the application. There is no additional fee required to request consideration of an amendment after final rejection under AFCP 2.0, but any necessary existing fee, e.g., the fee for an extension of time, must still be paid.
- Task
- Read the news
- Patent or trademark
- both
- Legacy system
- —
- Current entry point
- www.federalregister.gov/documents/2013/05/17/2013-11870/after-final-consideration-pilot-program-20 (permanent link in the Federal Register, verified 2026-09-30)
- Legacy system and where it moved
- No legacy system name mention in title or summary )
- Fee
- Fee mentioned in title or summary (Confirmed in the document text)
- What you need (account or API key)
- No account or key mention in title or summary )
- Published
- 2013-05-17
- Document type
- Notice
- Source
- USPTO documents published in the Federal Register (Federal Register API)(retrieved 2026-10-06)
Everything in the same category
Read the news (all 1988) · both (all 2333)
Related entry points
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- Post-Prosecution Pilot Program
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- Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee
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- Request for Comments on Request for Continued Examination (RCE) Practice
- Extension of the Extended Missing Parts Pilot Program
- Changes To Permit Delayed Submission of Certain Requirements for Prioritized Examination
- Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee
- Revision of Patent Term Adjustment Provisions Relating to Appellate Review
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- Change in Practice Regarding Correction of Foreign Priority Claims
- Revision of Patent Term Extension and Adjustment Provisions Relating to Appellate Review and Information Disclosure Statements