August 2026 – IP Law Watch

Federal Circuit Confirms § 112(a) Support Required for a Reference’s Provisional Prior-Art Date

In Dental Monitoring SAS v. Align Technology, Inc., the Federal Circuit vacated a Patent Trial and Appeal Board (PTAB) Inter Partes Review (IPR) decision and held that under 35 U.S.C. § 102(d)(2), a published patent application receives the benefit of its provisional’s filing date for prior-art purposes only if the provisional provides written description support under § 112(a) for at least one claim of the published application.

USPTO Appeals Review Panel Reaffirms Broad Reach of Double Patenting Doctrine

Aug 13 2026

In a recent sua sponte rehearing decision from the United States Patent and Trademark Office’s Appeals Review Panel (ARP), it reversed an earlier Patent Trial and Appeal Board decision and held that obviousness-type double patenting (OTDP) may remain a concern even when a challenged patent would expire before the patent used as the OTDP reference.

Revision of Regulations on the Protection of Layout-Designs of Integrated Circuits in China

Aug 10 2026

On 26 June 2026, the State Council of the People’s Republic of China (PRC) issued the revised Regulations on the Protection of Layout-Designs of Integrated Circuits (2026 Regulations), which shall come into force on 15 October 2026. The Council promulgated and implemented the current Regulations (2001 Regulations) in 2001.

USPTO’s PTAB Rulemaking Signals a Major Shift in IPR Practice

Aug 03 2026

The USPTO appears poised to finalize a significant revision to Patent Trial and Appeal Board (PTAB) practice. A final rule titled Revision to Rules of Practice Before the Patent Trial and Appeal Board (90 FR 48335) is currently undergoing Executive Order 12866 review (RIN: 0651-AD89), indicating that agency review has been completed and the rule is nearing publication.

Archive:August 2026