The United States Patent and Trademark Office (USPTO) has recently announced the termination of the After Final Consideration Pilot 2.0 (AFCP 2.0). This program was initially established in 2013 and had undergone several extensions, originally set to end on September 30, 2024. It has now been decided to extend the termination date to December 14, 2024, to provide patent applicants with a reasonable transition period for those still preparing their requests.
The AFCP 2.0 program was designed to offer patent applicants an alternative option after receiving a Final Office Action and to facilitate collaboration between applicants and examiners, thereby reducing the number of Requests for Continued Examination (RCE) filed by applicants.
Since 2016, applicants have filed more than 60,000 AFCP 2.0 requests annually, resulting in significant management costs, which exceeded $15 million in 2022. Consequently, on April 3, 2024, the USPTO proposed to charge fees for filing a request for consideration under the AFCP 2.0 as follows: $500 for requests filed by undiscounted entities; $200 for requests filed by entities entitled to the small entity discount; and $100 for requests filed by entities entitled to the micro entity discount. However, the public is not widely receptive to paying a fee to participate in the AFCP 2.0, leading the USPTO to decide to terminate the program.
For more detailed information, please refer to: https://www.federalregister.gov/documents/2024/10/01/2024-22481/extension-and-termination-of-the-after-final-consideration-pilot-program-20
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