What is a “product of nature” in patent law?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A “product of nature” in patent law refers to a physical product that is essentially a law of nature or natural phenomenon. The MPEP Section 2106.04(b) explains:

“When a law of nature or natural phenomenon is claimed as a physical product, the courts have often referred to the exception as a ‘product of nature’.”

Products of nature can include both naturally occurring products and non-naturally occurring products that lack markedly different characteristics from any naturally occurring counterpart. It’s important to note that:

• Synthetic or artificial products are not automatically eligible for patents
• The key to eligibility is whether the product possesses markedly different characteristics from any naturally occurring counterpart
• Living organisms are not excluded from patent protection merely because they are alive

Examiners use a markedly different characteristics analysis to evaluate nature-based product limitations and determine patent eligibility.