After an 11 year run, the USPTO has decided to terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0).

The USPTO had repeatedly extended the program, as it was set to be available for one year and expire on September 30, 2014. Since 2016, more than 60,000 requests were filed per year, resulting in high costs for the USPTO to administer the program.

When setting the fees for the 2025 fiscal year, the USPTO proposed a new fee ($500 for large entity, $200 for small entity, and $100 for micro entity) to help offset the significant costs the USPTO faces once an AFCP 2.0 request is submitted. However, based on public feedback that applicants would not support paying the fee to participate, the USPTO decided not to implement the fee and allow AFCP 2.0 to expire. Although the program is nearing its end, the USPTO has extended the expiration date from September 30, 2024 to December 14, 2024.

The goal of AFCP 2.0 was to improve application pendency and increase collaboration with the examiner, thereby reducing the number of filed Requests for Continued Examination (RCEs). The program is free and, upon submitting a request for consideration under the pilot program and an amendment to at least one independent claim that does not broaden the scope of the independent claim, allows the examiner an extra three hours to search and conduct an interview with the applicant to discuss results.

There are still other after-final options available to patent applicants now and once AFCP 2.0 ends:

• After a final office action is issued, patent applicants may submit amendments that place the application in condition for allowance or place the application in better form for appeal.
• Patent applicants may request an interview with the examiner to advance prosecution. Although after-final interviews are at the discretion of the examiner, most examiners will allow them.
• Patent applicants may file a pre-appeal brief request for review at the time of filing a notice of appeal.

In the event you are preparing to submit an AFCP 2.0 request, do so before the program’s expiration on Saturday, December 14, 2024, as the USPTO will not accept requests after this date.