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ARTICLE · 23 DECEMBER 2025

Guidance On Rule 132 Declarations For Patent Eligibility

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Easier path to eligibility: The USPTO's new guidance explains how to use sworn statements (SMEDs) to provide facts showing an invention is eligible for a patent.

United StatesIntellectual Property
John D. Lanza
John D. Lanza
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Key Takeaways

  • Easier path to eligibility:  The USPTO's new guidance explains how to use sworn statements (SMEDs) to provide facts showing an invention is eligible for a patent.
  • Effective immediately: The memoranda apply immediately; for pending cases in eligibility‑sensitive areas, SMEDs that marshal objective, claim‑tethered proof of technological improvements or concrete application may be filed now.
  • Examiner practice changes: Examiners are instructed to weigh SMED evidence explicitly and document reasoning, promoting more predictable outcomes and stronger issued patents.

What the USPTO Issued and Why It Matters

The U.S. Patent and Trademark Office issued coordinated guidance clarifying that applicants may use Rule 132 declarations—styled as Subject Matter Eligibility Declarations (SMEDs)—to submit factual evidence supporting patent eligibility. While the Office emphasizes that SMEDs do not change existing law or procedure, they do

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