What is the Transitional After-Final Practice?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The Transitional After-Final Practice, as described in MPEP 706.07(g), is a procedure that allows applicants with certain pending applications to have submissions considered after a final rejection. This practice was introduced to ease the transition between 17-year and 20-year patent terms.

Specifically, the MPEP states: In order to facilitate the completion of prosecution of applications pending in the USPTO as of June 8, 1995 and to ease the transition between a 17-year patent term and a 20-year patent term, Public Law 103-465 provided for the further limited reexamination of an application pending for 2 years or longer as of June 8, 1995.