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Patent Alert

USPTO to terminate the After Final Consideration Pilot Program 2.0 on December 15

Based on feedback received from stakeholders on the use of the After Final Consideration Pilot Program 2.0 (AFCP 2.0) and openness to pay or defray USPTO costs affiliated with the program, the USPTO will terminate the AFCP 2.0 after a brief extension to December 14, 2024.

USPTO costs to administer the AFCP 2.0 are significant. On April 3, 2024, the USPTO proposed a new fee for participation in the AFCP 2.0 when setting and adjusting patent fees for fiscal year 2025. The proposed fee would have offset the USPTO’s costs to administer the AFCP 2.0. Feedback on the proposal revealed that the public is not widely receptive to the proposed fee as a condition to continuing the program. The brief extension will provide program users with reasonable time to adjust to the upcoming termination.

The full text of the notice, including more information on the various options still available to applicants for after final consideration once the program ends, can be found at the Federal Register and on the Patent Related Notices webpage.

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