Only July 11, 2016, the U.S. Patent & Trademark Office implemented a new pilot program aimed at improving patent examination procedures following a final rejection but prior to filing a notice of appeal. The new Post-Prosecution Pilot Program (referred to by the Office as “P3”) is essentially a hybrid program, which combines some of the most effective features from the current post-prosecution programs.

Only July 11, 2016, the U.S. Patent & Trademark Office implemented a new pilot program aimed at improving patent examination procedures following a final rejection but prior to filing a notice of appeal. The new Post-Prosecution Pilot Program (referred to by the Office as “P3”) is essentially a hybrid program, which combines some of the most effective features from the current post-prosecution programs.

The new P3 program provides applicants with an opportunity to present additional arguments, evidence, and amendments after a final rejection (similar to the After Final Consideration Pilot 2.0 program) and to present the case in front of a panel of three examiners (similar to the Pre-Appeal Brief Conference program). In addition, an important new feature of the P3 program is the opportunity to deliver oral arguments to the panel of examiners.

Eligible applications include pending non-provisional utility applications under final rejection. This pilot program is set to run for 6 months or until 1,600 applications are accepted into the program. For additional information, including additional eligibility requirements and a counter showing a running total of the number of accepted applications, please see the USPTO website: https://www.uspto.gov/patent/initiatives/post-prosecution-pilot