USPTO Introduces Voluntary Search Disclosure Declarations to Enhance PTAB Proceedings
On November 17, 2025, the USPTO has announced a new initiative to improve patent examination quality through voluntary Search Disclosure Declarations (SDDs) in inter partes review (IPR) and post-grant review (PGR) proceedings. Petitioners often rely on prior art that wasn’t identified during original examination, and these discoveries usually come from advanced search techniques beyond the Office’s standard processes. By sharing details of those searches, petitioners can help the USPTO refine its own methods and enhance overall quality.
An SDD explains where the prior art was found, the search strategies and tools used, and the time spent searching and reviewing results. Submitting an SDD is completely optional, but when provided, it will be considered a favorable discretionary factor in institution decisions, especially if it reveals new or underutilized search pathways or highlights potential Office error. Petitioners who choose not to submit one will not be disadvantaged.
For new petitions, the SDD must be filed as a standalone exhibit with the petition. For existing petitions, it can be filed within seven business days of the memorandum. Confidentiality is available through a motion to seal and in-camera review, and the USPTO may use the information internally for training and analytics, but it will not be publicly disclosed except as required by law.
This policy is effective immediately and applies to all IPR and PGR proceedings where the patent owner’s preliminary response due date has not yet passed. It’s a collaborative step toward improving transparency and examination quality, giving petitioners an opportunity to strengthen their case while contributing to better practices at the USPTO.
The full memorandum can be found at the link below.
About Perilla Knox & Hildebrandt LLP. PKH is a boutique law firm specializing in intellectual property law. With a team of dedicated attorneys, the firm provides comprehensive legal services in patent, trademark, copyright, and trade secret matters. PKH is committed to delivering innovative and strategic solutions to protect and enforce its clients' intellectual property rights.
