USPTO Memo Adds SMED Flowchart for Examiner Analysis

The new USPTO guidance clarifies how examiners should evaluate Subject Matter Eligibility Declarations while largely relying on existing MPEP sections.

30 September 2026 · 1 min read · 1 source

The USPTO has issued a new memorandum on Subject Matter Eligibility Declarations (SMEDs) under 37 CFR 1.132. The memo, from Director John Squires, includes a two-page flowchart that walks examiners through evaluating a SMED, first for formal compliance and then on the merits. It also lists five best practices for applicants.

The memo is styled as an addendum to the USPTO's April 30, 2026 best-practices memo. According to the agency, it "does not announce any new USPTO practice or procedure," and the flowchart largely points to existing MPEP sections. That suggests the guidance is meant to consolidate and clarify current rules rather than change them.

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01Tie Goes to the Applicant: The USPTO’s SMED FlowchartPatently-O

USPTO Memo Adds SMED Flowchart for Examiner Analysis

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