How does the streamlined analysis approach nature-based product claims?

The streamlined analysis approach to nature-based product claims focuses on whether the claim attempts to tie up the nature-based product. According to MPEP 2106.06(a):

“A claim that recites a nature-based product, but clearly does not attempt to tie up the nature-based product, does not require a markedly different characteristics analysis to identify a ‘product of nature’ exception.”

This means that:

• Claims that merely include ancillary nature-based components may not require full analysis.
• The focus is on whether the claim as a whole attempts to monopolize the nature-based product.
• Examples of claims that may qualify for streamlined analysis include:
• An artificial hip prosthesis coated with a naturally occurring mineral
• A cellphone with an electrical contact made of gold
• A plastic chair with wood trim

These examples illustrate cases where the nature-based components are not central to the invention, and thus the claims do not attempt to improperly tie up the nature-based product.

To learn more:

• nature-based products
• streamlined analysis
• product of nature exception
• patent eligibility