What are the limitations on patenting ‘products of nature’ under USPTO guidelines?
What are the limitations on patenting ‘products of nature’ under USPTO guidelines?
The USPTO has specific guidelines regarding the patentability of ‘products of nature’ as outlined in MPEP 2106.03. While natural products fall within the statutory categories of invention, they are subject to additional scrutiny:
“Products of nature are considered to be an exception because they tie up the use of naturally occurring things, when the patent claims are not markedly different from those products or processes as they exist in nature.”
Key points to consider:
- Natural products must be “markedly different” from their naturally occurring counterparts to be patent-eligible.
- Merely isolating a natural product is generally not sufficient to make it patent-eligible.
- Changes that result in different structural, functional, or other properties may render a natural product patent-eligible.
- The analysis involves comparing the claimed nature-based product to its naturally occurring counterpart.
Inventors seeking to patent products derived from nature should focus on demonstrating significant differences from the natural state, either in structure, function, or properties, to overcome these limitations.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.03 - Eligibility Step 1: The Four Categories Of Statutory Subject Matter,
Patent Law,
Patent Procedure