Today, the United States Patent and Trademark Office (USPTO) issued Memorandum Subject Matter Eligibility Declarations (SMEDs) under 37 CFR 1.132 -- Flowchart for Analysis and Best Practices.
The memorandum supplements the April 30, 2026 Director’s Memorandum.
The updated memo includes a flowchart for reviewing SMEDs and best practices for applicants and patent practitioners. It clarifies rather than changes existing USPTO practice or procedure.
Also see USPTO’s subject matter eligibility page for memoranda, examples, and training.
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