How does the markedly different characteristics analysis apply to combinations of nature-based products?

The markedly different characteristics analysis for combinations of nature-based products requires special consideration. According to MPEP 2106.04(c):

“When the nature-based product is a combination produced from multiple components, the closest counterpart may be the individual nature-based components of the combination.”

The analysis for combinations involves the following steps:

1. Identify the closest naturally occurring counterpart for each component of the combination.
2. Compare the characteristics of the claimed combination to the individual components as they occur in nature.
3. Determine if the combination results in markedly different characteristics from any of the individual components in their natural state.

It’s important to note that the mere aggregation of naturally occurring components without a change in their respective functions may not be sufficient to demonstrate markedly different characteristics. The combination must exhibit new properties or enhanced functions that are not present in the individual components.

To learn more:

• combinations of nature-based products
• markedly different characteristics
• patent eligibility
• product of nature exception