Post-Prosecution Pilot Program
The United States Patent and Trademark Office (Office) is initiating a Post-Prosecution Pilot Program (P3) to test its impact on enhancing patent practice during the period subsequent to a final rejection and prior to the filing of a notice of appeal. This Pilot Program responds to stakeholder input gathered during public forums held in support of the Enhanced Patent Quality Initiative. Under the P3, a panel of examiners, including the examiner of record, will hold a conference with the applicant to review the applicant's response to the final rejection of record. In order to participate in the P3, the applicant will be required to file a request for consideration under the P3 within two months from the mailing date of a final rejection and prior to filing a notice of appeal, together with a response to the final rejection and a statement that the applicant is willing and available to participate in the conference. The applicant will have the option of including in the response a proposed non-broadening amendment to a claim(s). The Office designed the P3 to increase the value of after final practice by (1) leveraging applicant input obtained through an oral presentation during a conference with a panel of examiners, and (2) also providing written explanation for the panel decision. The P3 is also designed to reduce the number of appeals and issues to be taken up on appeal to the Patent Trial and Appeal Board (PTAB), and reduce the number of Requests for Continued Examination (RCE), and simplify the after final landscape. This notice identifies requirements and procedures of the P3, which will govern entry into, and practice under, the P3. This notice also solicits public comments on the P3 and other suggestions to improve after final practice and reduce the number of both appeals to the PTAB and RCEs.
- Task
- Read the news
- Patent or trademark
- both
- Legacy system
- —
- Current entry point
- www.federalregister.gov/documents/2016/07/11/2016-16423/post-prosecution-pilot-program (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
- No fee mention in title or summary )
- What you need (account or API key)
- No account or key mention in title or summary )
- Published
- 2016-07-11
- 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
- Changes To Practice for Continuing Applications, Requests for Continued Examination Practice, and Applications Containing Patentably Indistinct Claims
- Pilot Program for Extended Time Period To Reply to a Notice To File Missing Parts of Nonprovisional Application
- Notice of Public Hearing and Request for Comments on Matters Related to the Harmonization of Substantive Patent Law
- Request for Comments on Proposed Change To Missing Parts Practice
- Patent Quality Metrics for Fiscal Year 2017 and Request for Comments on Improving Patent Quality Measurement
- After Final Consideration Pilot Program 2.0
- Request for Comments and Notice of Roundtable Event on Leveraging Electronic Resources To Retrieve Information From Applicant's Other Applications and Streamline Patent Issuance
- Request for Comments on a Proposed Track Three Pilot Program With a Pre-Examination Search Option
- Request for Comments on Request for Continued Examination (RCE) Practice
- Request for Comments on Director Review, Precedential Opinion Panel Review, and Internal Circulation and Review of Patent Trial and Appeal Board Decisions
- Notice Regarding Options for Amendments by Patent Owner Through Reissue or Reexamination During a Pending AIA Trial Proceeding (April 2019)
- Revision of Patent Term Adjustment Provisions Relating to Appellate Review
- Request for Comments and Notice of Public Hearings on Genetic Diagnostic Testing
- Enhanced Examination Timing Control Initiative; Notice of Public Meeting
- Pilot Program for Waiver of Patent Owner's Statement in Ex Parte Reexamination Proceedings
- Glossary Pilot Program