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.
