What types of characteristics are considered in the markedly different characteristics analysis?
The markedly different characteristics analysis considers various types of characteristics when comparing a claimed nature-based product to its naturally occurring counterpart. According to MPEP 2106.04(c), these characteristics can include, but are not limited to:
- Chemical properties
- Physical properties
- Functional properties
- Structure and form
- Biological or pharmacological properties
The MPEP provides guidance on this analysis:
“Markedly different characteristics can be expressed as the product’s structure, function, and/or other properties, and will be evaluated based on what is recited in the claim on a case-by-case basis.”
It’s important to note that the analysis should consider the characteristics of the claimed product as a whole, rather than focusing on individual components. Additionally, the mere fact that a product is isolated or purified from nature does not automatically make it eligible for patent protection.
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