One of the more interesting, and least discussed, developments at the Patent Trial and Appeal Board (PTAB) heading into 2026 is the United States Patent and Trade Office's (USPTO) introduction of voluntary Search Disclosure Declarations (SDDs).

In a memorandum issued on Nov. 17, 2025, USPTO Director John Squires unveiled a new option allowing petitioners to submit an SDD explaining how they conducted their prior art search when filing an America Invents Act (AIA) petition. The PTAB may now consider this search transparency as a factor supporting institution. 

Why does this matter?

•  Institution rates are at historic lows. With FY 2026 institution rates hovering around 37%, petitioners are looking for any credible way to strengthen their filings. An SDD offers a new lever that can signal diligence, completeness, and good faith effort at a time when discretionary denials are expanding. (Source: USPTO) 
• It introduces a new expectation. Much like the rise of Sotera stipulations several years ago, SDDs could evolve into an informal best practice allowing early adopters to gain an advantage, particularly in close cases.
• It puts search quality under the microscope. Historically, petitioners weren’t expected to justify or explain their search methodology. This is a meaningful procedural shift that could impact counsel’s approach to diligence, documentation, and petition strategy.
• It could reshape challenger behavior. As discretionary considerations continue to expand, tools like SDDs may play an increasingly important role in mitigating avoidable denials and building a record of reasonable effort.

The SDD policy remains new, and commentary is still sparse. But with so much pressure on petition viability, this is a development to watch closely. Petitioners may soon face a strategic question: If you don’t file an SDD, why not?

If you're seeing this trend surface in your matters, we'd love to compare notes.