The USPTO is extending multiple pilot programs

The USPTO is extending multiple pilot programs

The USPTO begins its new fiscal year in October. USPTO has announced the continuation of numerous pilot programs beyond 2023.

Fast-track appeals pilot program

The Pilot Program for Fast-Track Appeals has been extended through July 2, 2024. This procedure, as mentioned in this article, allows applicants to pay a $400 fee to accelerate the Board review of ex parte appeals of an examiner’s decision. The USPTO stated in issuing the extension that “the current average appeal pendency is roughly 12 months, down from 15 months in 2020 and 30 months in 2015.” The notice appears to urge applicants to appeal final rejections rather than pursuing prosecution, claiming that “[u]sing the appeal process may be more expeditious for inventors and may speed the ultimate issuance of patents as opposed to a request for continued examination practice.”

Cancer Immunotherapy Pilot Program

Cancer Immunotherapy Pilot Program (also known as Patents 4 Patients) has been extended until January 31, 2023. This program is meant to help the Cancer Moonshot project and foster cancer treatment innovation by providing a fee-free accelerated assessment of patent applications claiming immunotherapy techniques for treating cancer. The USPTO announced that approximately 650 patents had been awarded under the pilot program as of the announcement of the extension.

The Climate Change Mitigation Pilot Program (for innovations that reduce greenhouse gas emissions) is expected to end on June 5, 2023, while the Covid-19 Prioritized Examination Pilot Program (available solely to applicants with Small Entity or Micro Entity status) is scheduled to end on December 31, 2022.

After Final Consideration Pilot Program 2.0

The After Final Consideration Pilot Program (AFCP) 2.0 has been extended until September 30, 2023. The program “authorizes additional time for examiners to search and/or consider responses after final rejection,” according to the USPTO’s AFCP 2.0 website. The purpose of AFCP 2.0 is to “reduce the number of Requests for Continued Examination (RCE) and encourage increased collaboration between the applicant and the examiner in order to effectively advance the prosecution of the application.”
Since the program’s launch in May 2013, numerous parties have questioned if it is still a “pilot” program and whether it has been effective.

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