The pilot allows entry of an amendment after a final rejection if (1) the amendment was filed after March 26; and (2) the examiner decides he or she can review the amendment, perform any required search, and assess allowability within three hours. No special request for consideration of the amendment is required. Not surprisingly, preliminary reports indicate applicants have increased allowance rates and reduced the number of requests for continued examination (RCE) filed in the PTO.
The PTO gives details of the pilot in this press release: After Final Consideration Pilot (AFCP).
Also see Guidelines for Consideration of Responses After Final Rejection under 37 CFR 1.116(b) under the After Final Consideration Pilot (AFCP)
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