USPTO Director John Squires released a memorandum[1] this past Monday (November 18, 2025), identifying changes to the IPR and PGR process. Effective immediately, a Petitioner may submit a Search Disclosure Declaration (SDD) with the Petition.
The requirements for an SDD include:
- The databases and repositories in which asserted prior art was located
- The general search approach, search terms, filters, queries, or classification pathways employed
- Other analytics or publicly accessible consulted
- The amount of time spent on the search
- The amount of time spent reviewing search results
- Any further information relevant to search methodology
An SDD will be considered as a non-exclusive, non-dispositive favorable discretionary factor supporting institution. Submission of an SDD is voluntary.
An SDD must be submitted as a standalone exhibit accompanying a new Petition. For pending Petitions, if the due date for Patent Owner’s Preliminary response has not occurred, the Petitioner may file an SDD prior to a November 26, 2025 deadline.
[1] John A. Squires, Director of the United States Patent and Trademark Office to All PTAB Users, Memorandum, “Voluntary Search Disclosure Declarations as a Favorable Factor in Institution Decisions,” Nov. 17, 2025, USPTO, https://www.uspto.gov/sites/default/files/documents/vsdd_as_a_favorable_factor_in_institution_decisions.pdf