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​​Patently Strategic - Patent Strategy for Startups

After Final Practice: Life After Final Rejection

Jun 28, 2021
David Jackrel, President of Jackrel Consulting, along with a panel of IP experts, discusses After Final Practice (AFCP 2.0) as an option for resuscitating rejected patent applications. They share best practices for working with examiners during this process and highlight the benefits of AFCP, including its lesser-known status and low effort and expense requirements. The podcast explores the concept of final rejections, different options after final rejection, success rates of various pathways, and the process of applying for examiner interviews. They also provide guidance on suitable amendments for AFCP 2.0.
29:48

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Podcast summary created with Snipd AI

Quick takeaways

  • After receiving a final rejection notice, options like after-final practice (AFCP 2.0) can revive a rejected patent application with lesser effort and expense.
  • When faced with a final rejection, applicants have three main options: appeal to the Patent Trial and Appeal Board (PTAB), request for continued examination (RCE), and after-final consideration program (AFCP 2.0), each with its own advantages based on the specific circumstances of the application.

Deep dives

The concept of a final rejection in patent prosecution

A final rejection in patent prosecution occurs after the claims of a patent application have been rejected at least once. The final rejection represents the close of one round of prosecution. It is common to receive one or more rejections during the prosecution process. The final rejection notice indicates that without further action, the patent application will be considered dead. However, there are options, such as after-final practice (AFP), for resuscitating the application and getting it back on track. AFP is one of the three primary options for breathing new life into a patent application and has the advantage of requiring less effort and expense compared to other options.

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