USPTO to End AFCP 2.0 Program

Since 2012, the United States Patent and Trademark Office (USPTO) has provided patent applicants and examiners an opportunity to continue collaborative prosecution after a final rejection has been received through the After Final Consideration Pilot Program 2.0 (AFCP). The AFCP program provided examiners additional search and consideration time and afforded applicants an opportunity for an after-final interview to advance applications to allowance, without requiring additional fees.

On April 3, 2024, the USPTO proposed an update to the USPTO fee schedule that included a new fee ($500 for undiscounted entities, less for small and micro entities) to participate in the AFCP program. The proposed fee would help “recuperate costs affiliated with the submission of a request for consideration under the [AFCP program].” Public comments received after this proposal strongly disfavored the proposed new fee.

In response to the public concern surrounding the proposed fees, the USPTO announced on Sept. 30, 2024, that it will not renew the AFCP program. New requests for consideration under the AFCP program will be accepted until Dec. 14, 2024.

This decision by Director Kathy Vidal was filed on Sept. 30, 2024, to be published in the Federal Register on Oct. 1, 2024.

This document is intended to provide you with general information regarding the USPTO and the AFCP program. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.