What to Know About Subject Matter Eligibility Declarations (SMEDs)

On December 4, 2025, USPTO Director Squires provided additional guidance for how applicants and practitioners can submit evidentiary declarations (also known as a Subject Matter Eligibility Declaration (SMED)) under 37 C.F.R. §1.132 during patent prosecution in the form of two memoranda to patent examiners and applicants/practitioners entitled Subject Matter Eligibility Declarations (the “SMED Memo”).... By: Saul Ewing LLP