USPTO Releases Revised Guidance on Rule 132 Subject Matter Eligibility Declarations

The United States Patent and Trademark Office (USPTO) has published an updated memorandum titled “Best Practices for Submission of Rule 132 Subject Matter Eligibility Declarations (SMEDs),” superseding the prior Director’s Memorandum issued on December 4, 2025. This update reflects extensive feedback from applicants and practitioners gathered during the initial rollout of the voluntary SMED program.

The revised memorandum provides enhanced guidance and best-practice recommendations for submitting subject matter eligibility declarations under 35 U.S.C. § 101. These clarifications aim to improve the quality and consistency of SMED submissions, facilitating more effective examination of patent applications concerning subject matter eligibility.

In addition to procedural updates, the memorandum formally introduces Barry J. Schindler in his new capacity as Deputy Commissioner for Patents. In this role, Schindler will oversee policy, practice, and operational matters related to artificial intelligence (AI), signaling the USPTO’s commitment to addressing emerging challenges in AI patenting.

The USPTO has emphasized that the SMED guidance is intended to be a “living” document, subject to periodic revisions as the Office accumulates further experience and practitioner input. This approach underscores the agency’s responsiveness to evolving patent examination needs and stakeholder concerns.

Deputy Commissioner Schindler recently elaborated on the USPTO’s AI-related initiatives during a session titled “USPTO Hour: Artificial Intelligence Updates,” highlighting the agency’s proactive engagement with AI policy and patent practice.

Practitioners and applicants seeking to stay informed about USPTO updates can subscribe to regular email communications via the agency’s subscription center. The USPTO also advises recipients to ensure their email servers permit access to official communication links to avoid access issues.

For further inquiries or to contact the USPTO, stakeholders are directed to the agency’s official website. The USPTO notes that the memorandum and related communications are disseminated from unmonitored mailboxes and encourages users to adjust email filters accordingly to continue receiving important updates.

This memorandum update represents a significant step in refining the USPTO’s approach to subject matter eligibility declarations, enhancing transparency, and integrating AI considerations into patent examination processes.