Patent Applications After Final Rejection: A One-Year Follow-Up Study
Briefly

The article by Dennis Crouch examines patent applications with final rejections from January 2024, revealing an optimistic trend where nearly half (48%) either issued as patents or received notices of allowance after one year. This indicates that final rejections are challenging yet not definitive barriers for applicants, particularly those who utilized the now discontinued After Final Consideration Pilot (AFCP 2.0). With this program concluded, applicants will need to adapt by focusing strategies towards filing Requests for Continued Examination (RCE) or appealing decisions to continue advancing their applications.
Approximately 48% of patent applications that faced final rejections in January 2024 either issued as patents or received a notice of allowance within a year. This statistic suggests that for applicants, a final rejection is a significant hurdle but not necessarily an insurmountable barrier. Alternatives like Requests for Continued Examination or appeals will be increasingly important as the After Final Consideration Pilot (AFCP 2.0) has ended. Applicants are thus encouraged to adapt their strategies in response to this evolving landscape of patent examination.
The After Final Consideration Pilot (AFCP 2.0) once offered a pathway for applicants to achieve patent allowances post-rejection. However, its discontinuation means that applicants should prepare for a shift towards either filing Requests for Continued Examination (RCE) or pursuing appeals to continue their application process effectively. This shift emphasizes the importance of strategic planning during the patent application journey, particularly when confronted with final rejections.
Read at Patently-O
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