Federal Circuit Clarifies Prior Art Effective Date Relative To Provisional

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The Federal Circuit recently vacated a PTAB decision in Dental Monitoring SAS v. Align Technology, Inc., addressing a critical question about prior art qualification under the America Invents Act.

United States Intellectual Property

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The Federal Circuit recently issued a precedential decision in Dental Monitoring SAS v. Align Technology, Inc., vacating and remanding a PTAB final written decision that held Dental Monitoring’s claims unpatentable as obvious.

Key Question

Whether Carrier, a published U.S. patent application, qualifies as prior art under AIA § 102(d)(2) based on its provisional or non-provisional filing date.

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Federal Circuit Clarifies Prior Art Effective Date Relative To Provisional

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Intellectual Property

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United States