The Federal Circuit held that a published patent application is considered prior art as of its filing date, affirming the USPTO's existing approach.
This decision is significant as it impacts a substantial percentage of references used to invalidate patents, specifically those that were non-public when the patent was filed.
The court's analysis hinges on statutory interpretation and legislative history, emphasizing the balance between various sections of patent law.
Judge Prost's opinion, however, is criticized for being confusing, particularly regarding the explanation that the legal term 'printed publication' is date agnostic.
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