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AFCP 2.0 Overview
On October 1, 2014, the USPTO announced the After Final Consideration Pilot 2.0 (AFCP 2.0).
Designed to improve communication between examiners and applicants.
Replaced the original AFCP program with added features.
Free to use.
Effective through September 30, 2015.
Key Differences from Original AFCP
1. Amendment to an Independent Claim Required
Response after final rejection must:
Include an amendment to at least one independent claim.
Not broaden the scope of the claim.
Purpose:
Focus the program on applications more likely to benefit.
This requirement did not exist under the original AFCP.
2. Examiner-Initiated Interview
If claims are not in condition for allowance:
Examiner will request an interview with the applicant.
Form PTO/SB/434:
Confirms applicant’s willingness to participate in such interview.
Practical Impact & Limitations
Amendment requirement may:
Improve program efficiency.
Limit participation to narrower cases.
However, it does not necessarily provide added advantages to applicants.
Examiners retain discretion to:
Decline consideration if additional search/analysis is required.
Determine whether the allotted AFCP 2.0 time is sufficient.
Process requires examiner to:
Decide if further search/consideration is needed.
Determine if it can be completed within allotted time.
Then consider amendments and possibly conduct an interview.
Overall Takeaway
Increased allowance statistics may reflect reduced participation rather than improved outcomes.
Applicants should still expect advisory actions where:
Examiners determine further search or consideration is required.
