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USPTO issues updated memorandum on subject matter eligibility declarations
As part of its continuous efforts to provide clarity with respect to subject matter eligibility, the United States Patent and Trademark Office (USPTO) issued a memorandum titled “Subject Matter Eligibility Declarations (SMEDs) under 37 CFR 1.132 – Flowchart for Analysis and Best Practices.” The memorandum supplements the April 30, 2026 Director’s Memorandum.
The updated memorandum highlights a flowchart for reviewing SMEDs and emphasizes best practices for applicants and patent practitioners with respect to preparing and submitting them. The memorandum is consistent with existing USPTO guidance and does not announce any new USPTO practice or procedure.
These resources are available on the USPTO’s subject matter eligibility page including other recently issued guidance memoranda, examples, and training.
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