USPTO Outlines New Path for Overcoming § 101 Rejections Through Rule 132 Subject Matter Eligibility Declarations

What’s New: USPTO Embraces Evidence-Driven § 101 Practice – The U.S. Patent and Trademark Office (USPTO) recently issued two coordinated memoranda explaining how applicants can use Subject Matter Eligibility Declarations (SMEDs) to more effectively overcome § 101 rejections. The first memorandum, “Best Practices for Submission of Rule 132 Subject Matter Eligibility Declarations (SMEDs),” is directed to applicants and practitioners; the second one, “Subject Matter Eligibility Declarations,” is…
By: Lowenstein Sandler LLP