How does the broadest reasonable interpretation (BRI) affect the examination of nature-based product claims?

The broadest reasonable interpretation (BRI) plays a crucial role in the examination of nature-based product claims. The MPEP Section 2106.04(b) explains:

“It is important to keep in mind that under the broadest reasonable interpretation (BRI) of the claims, a nature-based product limitation may encompass both eligible and ineligible products.”

Key points to understand:

• A claim may cover both products with markedly different characteristics and those without
• Examiners must consider the full scope of the claim under BRI
• If the BRI includes products of nature, further analysis in Step 2A Prong Two is required
• If a claim is rejected, examiners should suggest amendments to narrow the claim to eligible embodiments

This approach ensures a thorough examination of nature-based product claims, considering all possible interpretations within the claim’s scope.

To learn more:

• broadest reasonable interpretation
• nature-based products
• patent examination
• claim interpretation