Blog
Background Investigation Methods, Corporate Intelligence & Due Diligence, e-Discovery Techniques, Investigation & Intelligence Feeds, Judgment Enforcement, Legal Enforcement Cases, Legal Ethics & Intelligence, Legal Technology & Intelligence, Witness Credibility Analysis
USPTO Puts Subject Matter Eligibility Declarations in the Spotlight
On December 4, 2025, U.S. Patent and Trademark Office (USPTO) Director John Squires issued two memoranda addressing subject matter eligibility and spotlighting an additional pathway to overcome a rejection under 35 U.S.C. § 101 by expanding the evidentiary record. The first memorandum outlines best practices for submitting a Subject Matter Eligibility Declaration (SMED) to address a subject matter eligibility rejection….
By: Morrison & Foerster LLP