IPLAC Work Product
Submissions to the USPTO
As part of the USPTO’s Enhanced Patent Quality Initiative, a Post-Prosecution Pilot (P3) program ran through January 12, 2017 to test the impact on enhancing patent practice during the period subsequent to final rejection and prior to appeal. Effective features of two programs currently aimed at improving this area of prosecution, (1) the After Final Consideration Pilot (AFCP) 2.0 program and (2) the Pre-Appeal Brief Conference Pilot program, have been incorporated into the P3 program that adds new, requested features, such as providing applicants an opportunity to present arguments to a panel at a conference.
As part of the pilot nature of the program, the USPTO solicited commentary on the program and proposed rules. In late 2016, IPLAC’s Patent Committee met to review the proposed rules and submitted comments to the USPTO on the proposed program. Among other suggestions, IPLAC identified and suggested changes to the rules to fix a possible loophole relating to the timing of a P3 Notice of Decision and the unintended effect it could have on termination of the P3 review. Please see the attached comments submitted by IPLAC to the USPTO for further detail. If you have further questions or comments, please contact the Patent Committee chairs: