ARTICLE
2 September 2026

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.
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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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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