USPTO Subject Matter Eligibility (101)

USPTO Subject Matter Eligibility Declarations Memo

The USPTO issued a memorandum on December 4, 2025, to the Patent Examining Corps regarding subject matter eligibility under Section 101. The memo highlights the precedential Appeals Review Panel decision in re Desjardins and clarifies the application of the Alice framework, emphasizing that improvements in computational performance can constitute patent-eligible advancements. It also reminds examiners and applicants of the existing Subject Matter Eligibility Declaration (SMED) option.

USPTO Guidance on Best Practices for Subject Matter Eligibility Declarations

The USPTO issued guidance on best practices for submitting Subject Matter Eligibility Declarations (SMEDs) under 37 CFR 1.132. The guidance encourages applicants to submit SMEDs as separate documents, distinct from declarations addressing other issues like obviousness, to clarify evidence relevant to patent eligibility under 35 U.S.C. § 101.

USPTO Memo on Patent Eligibility Under 35 U.S.C. § 101

The USPTO issued a memo to its patent examining corps regarding changes to the Manual of Patent Examining Procedure (MPEP) in light of the precedential decision Ex Parte Desjardins. This update clarifies patent eligibility under 35 U.S.C. § 101, particularly for claims related to machine learning and artificial intelligence, by referencing existing precedent like Enfish and McRO.