In the Law360 article “How Patent Eligibility Declarations Can Stave Off Rejection,” Knobbe Martens partner Philip Nelson discussed the practical impacts of the U.S. Patent and Trademark Office’s recent update regarding Subject Matter Eligibility Declarations (SMEDs).
In December 2025, USPTO Director John Squires suggested that to overcome rejections under 35 U.S.C. § 101, applicants should use fact declarations (also referred to as “SMEDS”) to show their proposed patents claimed practical applications, not abstract ideas or natural phenomena. Updated guidance last month indicated that applicants who voluntarily submit SMEDs are finding success in patent issuance.
Mr. Nelson maintained that the updated guidance shows USPTO leadership’s focus has changed to help applicants achieve patent eligibility. He noted that SMEDs could factor into future patent disputes, providing evidence that a patent was properly allowed. He also suggested that the benefits of having an issued patent could generally outweigh the risk that information in an SMED could be used adversely in patent litigation.
Read Nelson’s full comments in Law360 [subscription required].
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