What is the Post-Prosecution Pilot (P3) Program?

What is the P3 Program?

P3 effectively combines two after-final pilot programs into one:

1. the After Final Consideration Pilot (AFCP) 2.0 program; and
2. the Pre-Appeal Brief Conference Pilot program.

P3 also provides new features including the opportunity for an

When will P3 Start and End?

P3 began on July 11, 2016 and will run for six months or when 1,600 requests have been accepted.  Each technology center will accept a maximum of 200 requests. Here’s a link to the P3 program and updated counter by the USPTO.

When is the Deadline for a P3 Request?

The P3 request must be filed within two months of the date of the final rejection and prior to filing a notice of appeal.

What is Required in a P3 Request?

1. A P3 Request Form which contains the required statement that the applicant is willing and available to participate in a P3 conference with the panel of examiners;
2. A response no longer than five (5) pages containing arguments against the final rejection; and
3. Optionally, proposed non-broadening claim amendments.

No fees are required to participate in P3.

Applicants cannot have previously filed requests under the AFCP or Pre-Appeal Brief pilot programs.

What is the Pilot Process?

The Office will contact the applicant to schedule the P3 conference, which should be within ten calendar days of the initial contact with the applicant.

The applicant will make an oral presentation to the panel of examiners limited to 20 minutes:
a)    Any materials used by the applicant will be placed in the file.  Entry of claim amendments, affidavits or other evidence included as part of the presentation materials is governed by 37 CFR 1.116.  See MPEP 714.12.
b)    Applicant may present on appealable, but not petitionable, matters.
c)     Applicant may present arguments directed to the outstanding record or the patentability of the amended claim(s) as proposed.

After applicant’s presentation, the panel will confer.

The applicant will be informed of the panel’s decision, in writing, following complete consideration of the P3 Request.

Possible Outcomes

The USPTO will send a Notice of Decision which will indicate one of the following three outcomes:

1. Final Rejection Upheld
2. Allowable Application
3. Reopen Prosecution