Over the years, the U.S. Patent and Trademark Office (PTO) has tried many new programs in an attempt to speed patent prosecution and increase collaboration between examiners and stakeholders. One such pilot program is the After Final Consideration Pilot (AFCP) 2.0 program, which provides examiners with additional time for considering patent applications after a final rejection has been issued. This could lead to an allowance without requiring applicants to spend the considerable extra time and money either (1) for further consideration by an examiner through the filing of a request for continued examination (RCE); or (2) the filing of an appeal. To be accepted under the AFCP 2.0 program, applicants must file a certification that the amendments being made to the application do not broaden the scope of at least one independent claim of the application in any aspect. Lest we forgot to mention, the AFCP 2.0 program costs applicants nothing!

Notably, the AFCP 2.0 program provides an opportunity for an applicant to conduct an interview with the examiner at the discretion of the examiner. One of the most effective ways to advance prosecution of a patent application is to speak directly with the examiner. However, PTO procedure states that the prosecution of an application that is before an examiner should ordinarily be concluded with the final action. In some cases, an interview with an applicant may be allowed after a final action by an examiner, but only if circumstances warrant. Unfortunately, in many cases, once examiners render final dispositions on cases, their full caseloads may not permit them time to revisit those dispositions.

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