After-Final Practice: Navigating PTO Options to Compact Patent Prosecution

Utilizing After-Final Consideration Pilot 2.0, Pre-Appeal Conference and More

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Tuesday, January 9, 2018

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to patent counsel on the various USPTO options for responding after final rejection of a patent application. The panel will review the basics of each option and focus on strategic considerations and using different options. The panel will also provide an update on the ongoing pilot program, review statistics and discuss their experiences.


As part of the Enhanced Patent Quality Initiative and related workflow optimizations, the USPTO has greatly expanded the after-final opportunities for patent applicants. Where traditional options at the close of patent prosecution were limited to pre-appeal/appeal or request for continued prosecution, there are now a number of options to resolve disputes far faster and cost-effectively.

In Sept. 2017, the USPTO announced that the After-Final Consideration Pilot 2.0 program is extended until Sept. 30, 2018. Other USPTO programs encourage direct collaboration between applicants and examiners to increase efficiencies in patent prosecution. Given the array of after-final options now available, it is more important than ever for counsel to understand the unique benefits and tactical implications of each option.

Listen as our authoritative panel of patent attorneys discusses the strategic considerations behind each of these options. The panel will briefly explain each option, discuss scenario-based considerations, and explain the relative benefits of the different options.



  1. The value proposition of various after-final options
    1. Final action, now what?
    2. The examiner
    3. RCE
  2. Pre-appeal
    1. Timing/costs/outcomes
  3. Appeal
    1. Speed
    2. Efficacy?
    3. Results
  4. Best practices


The panel will review these and other key issues:

  • What options are available to patent counsel upon receiving a final rejection to a patent application?
  • What should patent counsel consider when determining if—and which—PTO option to use in response to a final rejection?
  • How can patent counsel and applicants leverage the PTO options for compact patent prosecution?


Cassell, Justin
Justin J. Cassell

Workman Nydegger

Mr. Cassell counsels clients through the full range of patent needs, from patent procurement to opinions preparation to...  |  Read More

Song, Mandy
Mandy J. Song, Ph.D.

Finnegan Henderson Farabow Garrett & Dunner

Dr. Song practices all aspects of patent-related work, including patent litigation in U.S. federal district courts and...  |  Read More

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