Post-Prosecution Pilot Program: File yours while you still can
Contributed by Knobbe Martens. Originally published on Patexia; republished here as part of the LexDana archive.
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.
More insights
Changes to Mexican Patent Law May Impact Life Science Patent Prosecution
Written by : Jason J. Jardine and Bailey R. Arenberg Key Takeaway : While recent amendments to Mexico’s patent laws promote faster prosecution and earlier decisions on patents, concerns abound as to the feasibility and integrity of the prosecution…
Why USPTO Rejected Your Patent Application?
You spent months perfecting your invention. Weeks writing the application. But the rejection letter arrived anyway. The culprit? Often, it's something surprisingly simple: your drawings. After reviewing thousands of patent applications, I've…
The Uspto S Evolving Approach to Patent Eligibility Insights From Director Squires Aipla Address
Written by : Philip M. Nelson On October 31, 2025, Director Squires spoke to the American Intellectual Property Law Association and provided a forceful statement on his view for the direction of patent law. Of particular interest were his comments on…