The USPTO will publish a notice in the Federal Register on October 1, 2024, stating that it will no longer accept AFCP 2.0 requests after December 14, 2024.

The current AFCP program (AFCP 2.0) was adopted in May of 2013.  The AFCP program is an attempt to reduce the number of requests for continued examination (RCEs) by providing an alternative pathway for resolution of applications under final rejection.  AFCP 2.0 is a pilot program that has been extended periodically and was most recently extended until September 30, 2024.  The AFCP 2.0 program does not require an additional fee.

The USPTO published a notice of proposed rulemaking in April of 2024 proposing to charge a $500 fee ($200 small entity, and $100 micro entity) for an ACFP 2.0 request (among other patent fee proposals).  The USPTO indicated that it now receives more than 60,000 AFCP 2.0 requests annually and that its costs to administer AFCP 2.0 are significant.  The USPTO advised that it may not renew the AFCP 2.0 program absent a fee to recover its cost.

The notice to be published on October 1, 2024 states that the AFCP 2.0 program will be terminated effective December 14, 2024, that day being the last day to submit an AFCP 2.0 request.  The notice explains that the comments received in response to the April 2024 fee proposal indicates the public is not widely receptive to paying a fee to participate in AFCP 2.0.  Thus, the USPTO is terminating the AFCP 2.0 program, but is providing a short extension until December 14, 2024 to accommodate those in the process preparing to use the AFCP 2.0 program.

The notice to be published on October 1, 2024 also sets out the after final options that remain available to applicants: 

 (1) filing an after final amendment under 37 CFR 1.116;

 (2) requesting an interview with the examiner, and/or

 (3) filing a notice of appeal with a request for a pre-appeal brief review request.