What is the “product of nature” exception in patent law?

The “product of nature” exception is a judicial exception to patent eligibility under 35 U.S.C. 101. According to MPEP 2106.04(b), this exception includes naturally occurring products and some man-made products that are essentially no different from a naturally occurring product.

The MPEP states:

“To determine whether a claim recites a nature-based product limitation that falls under the law of nature and natural phenomena exceptions, use the markedly different characteristics analysis to evaluate the nature-based product limitation.”

This analysis is crucial for determining whether a claimed product is eligible for patent protection or falls under the product of nature exception.

To learn more:

• product of nature
• judicial exception
• patent eligibility
• nature-based product