USPTO Reminds Examiners, Applicants to Consider and Use Eligibility Declarations Wisely

"The press release sent today emphasized USPTO Director John Squires' commitment since his first day in office to ensuring that emerging technologies will not be hampered by judicial interpretations of U.S. eligibility law that have made it harder to enforce patents. On the day he was sworn in as the 60th USPTO Director, Squires issued the first patents of his term, both in technology sectors that often face increased scrutiny about patent eligibility during patent prosecution and in the courts."

"The United States Patent and Trademark Office (USPTO) today released two memos meant to provide additional guidance around the use of patent subject matter eligibility declarations (SMEDs) for examiners, applicants and practitioners, particularly with respect to "applied technologies" in areas like artificial intelligence and medical diagnostics. The memos do not alter existing procedures and are effective immediately."

"In August, Squires issued a "reminder memo" on eligibility to Technology Centers 2100, 2600 and 3600 that emphasized the patent eligibility inquiry, particularly focusing on when rejections are appropriate. And in September, an Appeals Review Panel that included Squires issued Ex parte Desjardins, Appeal 2024-000567 (Decided September 26, 2025), which Squires noted in his October remarks to the American Intellectual Property Law Association (AIPLA) further demonstrates the Office's commitment to ensuring that transformative technologies remain eligible."

The United States Patent and Trademark Office released two memos providing additional guidance on the use of patent subject matter eligibility declarations (SMEDs) for examiners, applicants, and practitioners, with a focus on applied technologies such as artificial intelligence and medical diagnostics. The memos do not change existing procedures and take effect immediately. USPTO leadership emphasized a commitment to preventing judicial interpretations of eligibility law from unduly restricting emerging technologies and highlighted early patent grants in high‑scrutiny sectors like distributed ledger and medical diagnostics. Prior guidance and an appeals decision were cited to reinforce eligibility for transformative technologies.

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