What are some examples of laws of nature or natural phenomena that are not patentable?
The MPEP provides several examples of concepts and products that courts have identified as laws of nature or natural phenomena, which are not patentable. Some of these include:
- Isolated DNA
- Cloned farm animals
- Correlations between DNA variations and allele presence
- Metabolic correlations in the body
- Mathematical formulas (e.g., E=mc²)
- Electromagnetic signals
- Qualities of bacteria
- Single-stranded DNA fragments (primers)
- Chemical principles
- Cell-free fetal DNA in maternal blood
The MPEP Section 2106.04(b) states: “[A] new mineral discovered in the earth or a new plant found in the wild is not patentable subject matter under Section 101. Likewise, Einstein could not patent his celebrated law that E=mc²; nor could Newton have patented the law of gravity.”
These examples illustrate that naturally occurring phenomena and fundamental scientific principles are generally not eligible for patent protection.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.04(B) - Laws Of Nature,
Patent Law,
Patent Procedure