How are “nature-based products” defined in patent examination?

Nature-based products are a key concept in patent examination, particularly when considering the “product of nature” exception. According to MPEP 2106.04(c):

“Nature-based products, as used herein, include both eligible and ineligible products and merely refer to the types of products subject to the markedly different characteristics analysis used to identify “product of nature” exceptions.”

This definition encompasses a wide range of products, including:

• Chemicals derived from natural sources
• Proteins, peptides, and other biomolecules
• Microorganisms
• Plants and plant extracts
• Minerals and other naturally occurring substances

The key to determining patent eligibility for nature-based products is the markedly different characteristics analysis, which assesses whether the claimed product has characteristics that are markedly different from its naturally occurring counterpart.

To learn more:

• nature-based products
• patent examination
• markedly different characteristics
• product of nature exception