Deferred Subject Matter Eligibility Response (DSMER)

The Deferred Subject Matter Eligibility Response pilot (DSMER) is a pilot that will allow applicants to deter responding to subject matter eligibility (SME) rejections until after the earlier of final disposition or after all other rejections are overcome. The premise is that focusing early prosecution on patentability issues other than SME will end up resolving SME issues as well. Examiners may begin inviting applicants to participate starting February 1, 2022, for 180 days. 

 

DSMER MOU