PTAB Voluntary Search Disclosure Declarations: A New Factor Supporting Institution, PTAB Litigation Blog
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On November 17, 2025, USPTO Director John Squires issued a memorandum introducing a new procedure allowing petitioners to submit a voluntary Search Disclosure Declaration (SDD) that explains the petitioner’s search strategy when identifying prior art for inter partes review and post‑grant review proceedings. Effective immediately, a bona fide SDD will be treated as a non‑exclusive, non‑dispositive favorable factor at institution, with no adverse inference for parties who do not participate.
* Ruth Brindel, a member of the New Lawyers Group in Jones Day’s Chicago Office, assisted in the preparation of this blog.
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