What is the “product of nature” exception 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.

The “product of nature” exception is a judicial exception to patent eligibility under 35 U.S.C. 101. According to MPEP 2106.04(b), this exception includes naturally occurring products and some man-made products that are essentially no different from a naturally occurring product.

The MPEP states:

“To determine whether a claim recites a nature-based product limitation that falls under the law of nature and natural phenomena exceptions, use the markedly different characteristics analysis to evaluate the nature-based product limitation.”

This analysis is crucial for determining whether a claimed product is eligible for patent protection or falls under the product of nature exception.