Determining whether a characteristic is “markedly different” is a critical part of the analysis for patent eligibility of nature-based products. The MPEP provides guidance on this evaluation: “The courts have emphasized that to show a marked difference, a characteristic must be changed as compared to nature, and cannot be an inherent or innate characteristic of…

The markedly different characteristics analysis considers various types of characteristics when comparing a claimed nature-based product to its naturally occurring counterpart. According to MPEP 2106.04(c), these characteristics can include, but are not limited to: Chemical properties Physical properties Functional properties Structure and form Biological or pharmacological properties The MPEP provides guidance on this analysis: “Markedly…