In December 2024, the Biden Administration elected to end the After Final Consideration Pilot 2.0, better known as AFCP 2.0. The choice to do away with what was a popular program was confusing—to say the least. AFCP 2.0 was always touted by the U.S. Patent and Trademark Office (USPTO) as being a part of the agency’s desire to promote compact prosecution. But in light of a growing backlog, with some 1.2 million applications pending, nearly 900,000 of which have never been looked at by an examiner, the decision to terminate AFCP 2.0 seems shortsighted and rather ridiculous. The Trump Administration should reinstate AFCP 2.0, with some modifications to make it even more useful.
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