The Federal Circuit ruled that patent applications can be considered prior art from their filing date, regardless of their subsequent publication date.
In affirming the PTAB's decision, the CAFC emphasized the importance of considering prior art that contributes to the obviousness of a patent, particularly under pre-AIA statutes.
The ruling solidifies that the public's access to patent applications, even prior to their official publication, may affect patent claim validity in inter partes reviews.
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