The United States Patent and Trademark Office’s (USPTO) After Final Consideration Pilot 2.0 (AFCP 2.0) has been a staple of after-final practice for patent prosecutors since its inception in 2013, offering applicants the opportunity to enter a broader range of amendments following a final rejection than permitted under traditional after-final practice. However, this program will be retiring on Dec. 14, 2024, after which the USPTO will not be accepting requests under the program, signaling a full return to traditional after-final practice. This article will explore the effect AFCP 2.0 has had on after-final practice, the circumstances surrounding its termination, comments by the patent community at large, and practice tips for success following the program’s termination.

This article was originally published with IP Watchdog. To read the full article, click here.