PatentNext Takeaway: On April 30, 2026, the USPTO issued a memorandum titled “Best Practices for Submission of Rule 132 Subject Matter Eligibility Declarations (SMEDs),” updating the Office’s December 4, 2025 guidance to applicants and practitioners.  The new memorandum reinforces the Office’s SMED framework and characterizes it as a living body of guidance informed by practitioner experience.

The result is not a change in law or procedure, but a signal: the USPTO views SMEDs as an increasingly important evidentiary tool for resolving § 101 issues in emerging and fact‑intensive technologies, particularly artificial intelligence and diagnostics.

Continue Reading USPTO Updates SMED Best Practices

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”)

On January 25, 2022, the Japan Patent Office (JPO) updated its web page with a section titled “The JPO Key Features” (see https://lnkd.in/d9XqGYGm). The JPO Key Features provide examination statistics on timelines for utility patents, design patents, and trademarks at the JPO.

Also, the website provides several JPO Guidelines.Continue Reading The Japan Patent Office (JPO)’s Manga Patent Examination Guidelines for Artificial Intelligence (AI) and Internet Of Things (IoT)