What is the ‘markedly different characteristics’ analysis?
The markedly different characteristics analysis is part of Step 2A Prong One of the patent eligibility test. It is used to identify product of nature exceptions by comparing a claimed nature-based product to its naturally occurring counterpart to determine if it has markedly different characteristics.
As stated in MPEP 2106.04(c): “The markedly different characteristics analysis is part of Step 2A Prong One, because the courts use this analysis to identify product of nature exceptions.”
If the nature-based product has markedly different characteristics, it is not a product of nature exception and is eligible at Step 2A. If it does not have markedly different characteristics, it is a product of nature exception and requires further analysis in Step 2A Prong Two.
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