In December 2024, the Biden Administration decided to terminate the After Final Consideration Pilot 2.0 (AFCP 2.0), a popular program that aimed to promote efficient patent prosecution. The U.S. Patent and Trademark Office's choice appears ill-timed due to a significant backlog of approximately 1.2 million pending applications, with nearly 900,000 untouched by examiners. The AFCP allowed for greater interaction between applicants and examiners post-rejection, enhancing the likelihood of advancing applications without resorting to further actions. The article advocates reinstating AFCP 2.0 with modifications to better serve applicants and address the backlog issue.
"The decision to terminate AFCP 2.0 seems shortsighted and rather ridiculous given the current backlog of 1.2 million patent applications awaiting review."
"AFCP 2.0 was intended to help applicants advance their cases without unnecessary complications, but reinstating it could alleviate the pressure on the patent backlog significantly."
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