Results Of USPTO Post-Prosecution Pilot Look Promising

Law360, New York (March 1, 2017, 12:38 PM EST) -- Daniel Ovanezian

Sam Noel Through the Enhanced Patent Quality Initiative, the U.S. Patent and Trademark Office is rolling out programs to enhance overall patent quality. The latest program rolled out was the Post-Prosecution Pilot (P3) Program, which was developed to enhance after-final practice.[1]

The P3 program combines features of the After Final Consideration Pilot (AFCP) 2.0 program and the Pre-Appeal Brief Conference Pilot (Pre-Appeal) program. The AFCP 2.0 requires a nonbroadening amendment, does not limit the types of arguments that can be made, and can result in an examiner interview. The Pre-Appeal program does not allow amendments, only allows certain types of...

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