Can a method involving a law of nature or natural phenomenon be patent-eligible?
Yes, a method involving a law of nature or natural phenomenon can be patent-eligible under certain circumstances. The MPEP Section 2106.04(b) provides guidance on this:
“The courts have also noted, however, that not every claim describing a natural ability or quality of a product, or describing a natural process, necessarily recites a law of nature or natural phenomenon.”
Examples of potentially eligible methods include:
- A method of treating cancer with chemotherapy
- A method of treating headaches with aspirin
- A method of producing a new compound
These methods may be eligible because they are not focused merely on the natural phenomenon itself, but on a practical application of it. The MPEP further states:
“Even if a claim does recite a law of nature or natural phenomenon, it may still be eligible at any of Pathways A through C.”
This means that even if a method involves a law of nature or natural phenomenon, it may be patent-eligible if it applies the exception in a practical way or adds significantly more to the exception.
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