Navigating Final Rejections in Patent Prosecution: AFCP 2.0 vs. 37 CFR § 1.116

Final rejections are inevitable in patent prosecution, often requiring patent practitioners and applicants to carefully consider their next steps. While a Request for Continued Examination (RCE) is a common option, it is not always the most cost-effective, especially when a response can be submitted within the shortened two-month statutory window. Fortunately, there are alternative routes to address final rejections before resorting to an RCE, including filing a response under the After Final Consideration Pilot Program 2.0 (AFCP 2.0) or under 37 CFR § 1.116 (1.116 …