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Expert Analysis

Drafting Tech Patents After USPTO's Eligibility Memos

By Nina Borders and Mitesh Patel ( February 13, 2026, 7:31 PM EST) -- The U.S. Patent and Trademark Office closed 2025 by issuing two practice‑shaping memoranda on subject matter eligibility declarations, or SMEDs: one to the examining corps detailing examiner obligations, and a companion to applicants and practitioners setting out best practices for submitting SMEDs as separate, eligibility‑focused declarations under Title 37 of the Code of Federal Regulations, Section 1.132....

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