On December 4, 2025, the United States Patent and Trademark Office (USPTO) issued two memoranda addressing the use of Subject Matter Eligibility Declarations (“SMEDs”) during patent prosecution, both from Director John Squires. The first, the SMED Examiner Memo, targets the Patent Examining Corps, clarifying how examiners should treat applicant-submitted evidence under 37 CFR 1.132 in traversing subject matter eligibility (SME) rejections. The second, the Best Practices for SMEDs Memo, addresses the legal community, emphasizing strategies for maximizing the value and probative weight of SMEDs. This article summarizes both memos, offering practical insights for innovators, patent professionals, and stakeholders navigating the Section 101 landscape.Continue Reading USPTO Issues Guidance on Subject Matter Eligibility Declarations (“SMED”)
As an associate with the firm, Bill Samore focuses his practice on preparing and prosecuting U.S., foreign and international patents in numerous technical areas. His prosecution practice involves electrical, mechanical, software, artificial intelligence, telecommunications, blockchain technology, and other computer-related technologies. Bill is well-versed in the patent prosecution process including drafting and prosecuting patent applications. He has conducted numerous examination interviews at the United States Patent and Trademark Office. He has also worked with many inventors to protect their works. Read full bio here.






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