New USPTO Guidance on Section 101 Declarations: Building a Section 101 Record in AI and Software Patents That Holds Up in Prosecution and in Court

Executive Summary – On April 30, 2026, USPTO Director John A. Squires issued updated guidance (superseding the December 4, 2025 Director’s “Best Practices” Memo) directing patent applicants and practitioners to file subject matter eligibility declarations (SMEDs) as standalone documents, separate from any declaration addressing obviousness or other rejections….
By: Stradling Yocca Carlson & Rauth