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ARTICLE · 03 FEBRUARY 2026

Voluntary Search Disclosure Declarations — A Quiet But Significant Shift At The PTAB

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One of the more interesting, and least discussed, developments at the Patent Trial and Appeal Board (PTAB) heading into 2026 is the United States Patent and Trade Office's (USPTO) introduction of voluntary Search Disclosure Declarations (SDDs).

United StatesIntellectual Property
Juanita DeLoach
Juanita DeLoach
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One of the more interesting, and least discussed, developments at the Patent Trial and Appeal Board (PTAB) heading into 2026 is the United States Patent and Trade Office's (USPTO) introduction of voluntary Search Disclosure Declarations (SDDs).

In a memorandum issued on Nov. 17, 2025, USPTO Director John Squires unveiled a new option allowing petitioners to submit an SDD explaining how they conducted their prior art search when filing an America Invents Act (AIA) petition. The PTAB may now consider this search transparency as a factor supporting institution. 

Why does this matter?

  •  Institution rates are at historic lows. With FY 2026 institution rates hovering around 37%, petitioners are looking for any credible way to strengthen their filings. An SDD offers a new lever that can signal diligence, completeness, and good faith effort at a time when discretionary denials are expanding. (Source: USPTO) 

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