What is the “markedly different characteristics” analysis in patent examination?

The “markedly different characteristics” analysis is a key part of determining the patent eligibility of nature-based products. According to the MPEP Section 2106.04(b):

“When a claim recites a nature-based product limitation, examiners should use the markedly different characteristics analysis discussed in MPEP § 2106.04(c) to evaluate the nature-based product limitation and determine the answer to Step 2A.”

This analysis is used to determine whether a nature-based product has characteristics that are markedly different from its naturally occurring counterpart. Key points include:

• It applies to both naturally occurring and non-naturally occurring products
• The analysis focuses on the characteristics of the claimed product compared to its natural counterpart
• Products with markedly different characteristics are not considered products of nature and may be patent-eligible

Examiners use this analysis to evaluate nature-based product limitations and determine whether they qualify as exceptions to patent eligibility.

To learn more:

• markedly different characteristics
• nature-based products
• patent eligibility analysis
• USPTO examination