What are examples of ‘markedly different characteristics’ in nature-based products?
Markedly different characteristics in nature-based products can be expressed as the product’s structure, function, and/or other properties. Some examples include:
- Biological or pharmacological functions/activities
- Chemical and physical properties
- Phenotype, including functional and structural characteristics
- Structure and form, whether chemical, genetic or physical
As stated in MPEP 2106.04(c): “Examples of biological or pharmacological functions or activities include, but are not limited to: i. the protein-encoding information of a nucleic acid, ii. the ability of complementary nucleotide sequences to bind to each other, iii. the properties and functions of bacteria such as the ability to infect certain leguminous plants.”
The key is that the characteristic must be markedly different from what exists in nature, not just different in degree.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.04 - Eligibility Step 2A: Whether A Claim Is Directed To A Judicial Exception,
Patent Law,
Patent Procedure