USPTO Issued Updated Patent Eligibility Guidance
The U.S. Patent and Trademark Office released a new memorandum and flowchart to clarify declaration standards.
Updated on Sept. 29, 2026 in Remote Work
Live Poll
Is it a good idea for patent applicants to volunteer detailed eligibility defenses to the USPTO?
The U.S. Patent and Trademark Office has issued an updated memorandum and flowchart concerning Subject Matter Eligibility Declarations. This documentation serves as an addendum to guidance released in April 2026 to help clarify existing procedures.
Why it matters
The new guidance aims to streamline how applicants submit evidence under 37 C.F.R. Section 1.132 to address subject matter eligibility rejections. By providing a formal flowchart, the agency intends to better assist examiners in evaluating the merits of these declarations.
Applicants should utilize document code AF/D.SMED for all Subject Matter Eligibility Declaration filings. The guidance outlines 5 specific best practices for submissions filed under 37 C.F.R. Section 1.132.
The players
U.S. Patent and Trademark Office
This federal agency is responsible for granting patents and registering trademarks within the United States.
John Squires
He serves as the Director of the U.S. Patent and Trademark Office.
U.S. Senate Judiciary Committee
This standing committee oversees the administration of the U.S. patent and copyright systems.
The details
The agency released the memorandum to guide patent examiners through both formality compliance and merit evaluation. Applicants are encouraged to submit these declarations as separate documents to ensure statutory requirements are not intertwined.
Timeline
September 2025: Director John Squires issued his first two official patents.
December 4, 2025: The USPTO released two memorandums regarding the use of eligibility declarations.
April 30, 2026: Director Squires issued an updated best practices memorandum.
September 29, 2026: The USPTO issued the updated memorandum and flowchart.
Market Landscape
This memorandum follows a series of updates meant to refine the patent examination process for complex intellectual property claims. These procedural adjustments position the agency to handle evolving standards of subject matter eligibility more consistently across the industry.
Applicants may experience more predictable examination timelines by using the new document code and following the clarified declaration best practices. These steps are designed to help users avoid common procedural rejections when pursuing patent eligibility.
The takeaway
The agency emphasizes that this update clarifies existing guidance rather than introducing new regulatory procedures. Applicants should focus on isolating their eligibility declarations from other statutory requirements to streamline their filings.
What happens next
The U.S. Patent and Trademark Office is scheduled to distribute the new flowchart and the 101 Quick Reference Guide to the patent examining corps during the first week of October 2026.
Further reading
For more information on current administrative policy, visit the Remote Work section.
Live Poll
Is it a good idea for patent applicants to volunteer detailed eligibility defenses to the USPTO?
