Knobbe Martens
Sep 29, 2016

Post-Prosecution Pilot Program: File yours while you still can

During its August Patent Quality Chat, the USPTO discussed the recently launched Patent Prosecution Pilot Program (P3). The P3 program is a hybrid of the After-final Consideration Pilot (AFCP 2.0), which has been available since 2013, and Pre-Appeal Brief Conference Pilot Program, which has been available since 2005. It is intended to offer applicants an alternative avenue to request reconsideration of a final Office Action without filing a RCE or an appeal before PTAB. However, the program only runs for four more months, and there are a limited number requests available for Technology Center 1600, so you need to act soon.

The P3 program has several new features that are not available in either the AFCP 2.0 or the Pre-Appeal program. For example, applicant can give a 20 minute presentation to a panel of three Examiners prior to panel discussion, and the panel will provide a Notice of Decision, which will include a written explanation of the panel decision. If an applicant has already used either the Pre-Appeal program or AFCP 2.0 in response to a pending final Office Action, the P3 program cannot be used. However, if a new final Office Action is issued later in prosecution (e.g., after the filing of a RCE), the P3 program is available. Below is a chart summarizing the features of the USPTO’s three after final programs.

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