USPTO SMED Update (April 30, 2026): New Guidance
Introduction
The United States Patent and Trademark Office (“USPTO”) issued a significant USPTO SMED update on April 30, 2026, revising its guidance concerning Subject Matter Eligibility Declarations (“SMEDs”) submitted under 37 C.F.R. § 1.132. The updated memorandum replaces the USPTO’s earlier December 2025 guidance and provides additional direction regarding the use of evidentiary declarations to overcome patent eligibility rejections under 35 U.S.C. § 101.
The April 2026 USPTO SMED update is particularly relevant for applicants prosecuting software patents, artificial intelligence inventions, fintech applications, medical diagnostics, and other technologies that frequently receive abstract idea rejections during patent examination.
What Is the USPTO SMED Update?
The April 30, 2026 USPTO SMED update revises the Office’s “Best Practices for Submission of Rule 132 Subject Matter Eligibility Declarations” memorandum. The guidance addresses how applicants may use factual declarations to support arguments that a claimed invention is patent eligible under § 101.
A Subject Matter Eligibility Declaration, commonly referred to as a SMED, is a declaration submitted under Rule 132 that provides evidence regarding the technological nature and practical application of an invention. Unlike attorney argument alone, a SMED may include testimony or factual evidence from inventors, technical experts, or industry participants explaining how an invention improves computer functionality or provides other concrete technological benefits during patent examination.
The USPTO initially introduced formal SMED guidance in December 2025 following ongoing concerns regarding inconsistent application of patent eligibility standards after decisions such as Alice Corp. v. CLS Bank International and Mayo Collaborative Services v. Prometheus Laboratories, Inc.
The updated USPTO SMED guidance reflects additional feedback gathered during the first several months of implementation.
Key Changes in the April 2026 USPTO SMED Update
The USPTO Acknowledged That SMEDs Are Helping Applicants
One of the most notable aspects of the USPTO SMED update is the Office’s express acknowledgment that applicants using subject matter eligibility declarations have experienced success during prosecution.
According to the updated memorandum, early feedback indicates that voluntary SMED submissions are assisting applicants in overcoming § 101 patent eligibility rejections. This acknowledgment is important because patent eligibility disputes are often treated as legal questions, leading some applicants to question whether evidentiary submissions would meaningfully influence examination outcomes.
The updated guidance suggests the USPTO is encouraging examiners to consider factual evidence demonstrating technological improvements and practical applications when evaluating patent eligibility.
The USPTO Continues Emphasizing Technological Improvements
The April 2026 USPTO SMED update also reinforces the importance of identifying concrete technological improvements rather than abstract business concepts.
The updated subject matter eligibility guidance indicates that effective Rule 132 declarations should explain how the claimed invention improves existing technology in measurable ways. For example, the declaration may establish that the invention is:
- Faster
- More accurate
- More efficient
- More secure
- Technologically improved over prior systems
The USPTO’s revised SMED guidance appears consistent with Federal Circuit precedent emphasizing that improvements to computer functionality and technological processes may support patent eligibility under § 101.
Examples of technological improvements discussed in SMED practice may include:
- Reduced memory usage
- Faster processing times
- Improved model training efficiency
- Enhanced cybersecurity performance
- Lower computational overhead
- Improved data processing accuracy
These types of factual assertions may help applicants establish that claims are directed to practical technological solutions rather than abstract ideas.
Why the USPTO SMED Update Matters for AI and Software Patents
The USPTO SMED update is especially important for applicants prosecuting artificial intelligence and software related inventions. AI patent applications frequently encounter § 101 rejections alleging that claims are directed to mathematical concepts, mental processes, or abstract ideas.
The updated USPTO guidance provides applicants with an additional mechanism to build a factual prosecution record demonstrating that an invention provides real world technological improvements.
For example, a Rule 132 subject matter eligibility declaration involving AI technology may discuss:
- Improvements to machine learning architecture
- Reduced hallucination rates
- Enhanced inferencing efficiency
- Improved hardware utilization
- Better training convergence
- Technical advantages over conventional AI systems
The USPTO’s earlier SMED guidance also referenced Ex parte Desjardins, a precedential Patent Trial and Appeal Board decision recognizing that improvements to machine learning systems may support patent eligibility.
Strategic Considerations for Rule 132 Subject Matter Eligibility Declarations
Although the USPTO SMED update is favorable to applicants, subject matter eligibility declarations should still be drafted carefully.
Conclusory statements unsupported by technical analysis are unlikely to receive substantial weight during examination. Instead, effective SMEDs should provide detailed factual explanations tied directly to the patent specification and claimed invention.
Applicants should also consider whether submitting a Rule 132 declaration early in prosecution may help frame the patent eligibility discussion before examination positions become entrenched.
Importantly, the April 2026 USPTO SMED update does not change substantive patent eligibility law. Rather, the guidance clarifies how applicants may supplement the prosecution record with factual evidence relevant to § 101 eligibility analysis.
Final Thoughts on the April 2026 USPTO SMED Update
The April 30, 2026 USPTO SMED update reflects the USPTO’s continued effort to address practical challenges associated with patent eligibility examination, particularly for software and artificial intelligence technologies.
The revised guidance suggests the Office is increasingly receptive to evidentiary submissions demonstrating that claimed inventions provide concrete technological improvements and practical applications. For applicants facing recurring § 101 rejections, Rule 132 subject matter eligibility declarations may become an increasingly important prosecution tool.
As patent eligibility law continues evolving, the USPTO SMED update provides additional insight into how applicants may strengthen the evidentiary record during examination and improve the likelihood of overcoming abstract idea rejections.
About
Attorney Collier started his own law firm straight out of law school and has been practicing law in Ohio for 5+ years. During that time, Joe focused on business law and litigation, gaining some exposure to intellectual property law. While running his firm in 2021, Joe decided to go back to school and get his patent license. Since then, Attorney Collier has been focusing on protecting innovators and entrepreneurs through his expertise in intellectual property and business law.