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Updated SMED Best Practices Memorandum issued
The United States Patent and Trademark Office (USPTO) has issued an updated memorandum titled “Best Practices for Submission of Rule 132 Subject Matter Eligibility Declarations (SMEDs),” superseding the Office’s December 4, 2025, Director’s Memorandum.
The updated memorandum reflects applicant and practitioner feedback received during the initial implementation of the voluntary SMED program and provides additional guidance and best-practice recommendations relating to subject matter eligibility submissions under 35 U.S.C. § 101.
The memorandum also introduces Barry J. Schindler in his new role as Deputy Commissioner for Patents with responsibilities relating to AI policy, practice, and operations. The update notes the Office’s intent to treat SMED guidance as a “living” practitioner resource and to provide periodic updates as additional experience and feedback are gathered.
Deputy Commissioner Schindler discussed the USPTO approach to AI yesterday on a USPTO Hour: Artificial Intelligence Updates.
The updated memorandum is available on the USPTO website.
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