The USPTO has decided to allow the After Final Consideration Pilot Program 2.0 (AFCP 2.0) to expire. To accommodate those who may be in the process of preparing to use the program, the USPTO provided a short extension of the expiration of the program to December 14, 2024. Saturday, December 14, was the last day to submit a request for participation under the program. Requests for participation filed on Sunday, December 15, and thereafter will not be accepted, and the 37 CFR 1.116 submission, including the after final response, filed with such requests will not be considered or entered. The provisions of 35 U.S.C. 21(b) do not apply to requests filed on Sunday, December 15, or Monday, December 16, because December 14, 2024, is the end of a discretionary pilot program, not the expiration of a period within which an action must be taken or a fee paid. Therefore, requests filed after December 14, are not the “taking [of] any action” as articulated in the 35 U.S.C. 21(b). More information, including various options still available to applicants for after final consideration once the program ends, can be found in our Federal Register notice.
Dates
The AFCP 2.0 extension ran through December 14, 2024; therefore, any request to consider a response after final rejection under AFCP 2.0 had to be filed on or before December 14, 2024.
AFCP 2.0 requests that are submitted after December 14, 2024 are non-responsive. The 37 C.F.R 1.116 submission, including the after final response, will not be considered or entered. Additionally, the time period for reply set in the final rejection will continue to run.
Frequently Asked Questions
Frequently asked questions [PDF] [Last updated September 30, 2024]
Contacts
You may email any question regarding AFCP 2.0 to the AFCP 2.0 mailbox.
Alternatively, you may telephone one of the following:
- for a Patent Center question, contact the Electronic Business Center at 866-217-9197;
- for an application-specific issue with AFCP 2.0, contact Tariq Hafiz, Director, Technology Center 3600, at 571-272-5350; or
- for a question regarding the After Final Consideration Pilot Program 2.0 Federal Register notice, contact Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, at 571-272-7728.