Voluntary Search Disclosure Declaration FAQs

The FAQs explain the voluntary Search Disclosure Declaration (SDD) described in a USPTO memorandum issued November 17, 2025. A petitioner may submit a short explanation of how it located the asserted art, and the Office may treat that submission as a favorable factor in institution decisions. The FAQs say the practice is optional, is not used adversely, and does not change timelines. Petitioners in inter partes and post-grant reviews get an optional way to support institution by describing the databases, repositories, search fields, filters or general query approaches used to find the asserted art. Declining to file carries no penalty, and the FAQs say that a missing declaration or a filed one will not be used adversely. Favorable-factor treatment is discretionary, non-exclusive and non-dispositive, so an SDD does not guarantee institution. Patent owners should expect SDDs in petitions but should not expect them to create obligations or change timelines. The FAQs name no statute, rule or decision as their basis beyond the November 17, 2025 memorandum. WHAT IT DOES: Makes SDD submission entirely voluntary (FAQ 1). Says a successful SDD includes a short explanation of the databases, repositories, search fields, filters, or general query approaches used to locate the asserted art, with technical detail optional (FAQ 2). Allows Business Confidential Information (BCI) designation, with a redacted public version (FAQ 3). Says the USPTO will use SDD information to improve examiner training on emerging repositories, classification pathways, underutilized resources and future AI-enabled search tools (FAQ 4). Says normal timelines still apply (FAQ 5). Says declarants will not be deposed absent exceptional circumstances (FAQ 9). Says BCI is protected and used internally only for training and improvement (FAQ 10). WHO AND WHEN: Petitioners in inter partes reviews and post-grant reviews. The memorandum takes effect immediately, and the SDD process is available in all such proceedings in which a patent owner preliminary response due date has not yet elapsed (FAQ 11). The FAQs were listed as of November 18, 2025, and the Office may update them after experience with SDD submissions. KEY QUOTE: "An SDD will not be used adversely against a petitioner." (p. 1, FAQ 7) EARLIER GUIDANCE AFFECTED: None identified in the document. The FAQs accompany the November 17, 2025 USPTO memorandum on voluntary Search Disclosure Declarations as a favorable factor in institution decisions. PRACTICE TIP: If you file an SDD, keep it to a short, concrete description of the databases, search fields, filters or query approaches used to find the asserted art. Designate any sensitive content as BCI and file a redacted public version. File before the patent owner preliminary response due date elapses, and do not expect it to change any deadline or to guarantee institution.