What are the limitations on patenting ‘products of nature’ under USPTO guidelines?

What are the limitations on patenting ‘products of nature’ under USPTO guidelines? The USPTO has specific guidelines regarding the patentability of ‘products of nature’ as outlined in MPEP 2106.03. While natural products fall within the statutory categories of invention, they are subject to additional scrutiny: “Products of nature are considered to be an exception because…

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How are ‘products of nature’ evaluated for patent eligibility?

Products of nature are evaluated for patent eligibility using the markedly different characteristics analysis. This analysis compares the claimed nature-based product to its naturally occurring counterpart to determine if it has markedly different characteristics. As stated in MPEP 2106.04(c): “Nature-based products, as used herein, include both eligible and ineligible products and merely refer to the…

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What are judicial exceptions in patent law?

Judicial exceptions in patent law are categories of subject matter that the courts have found to be outside the four statutory categories of invention. The MPEP defines judicial exceptions as: “abstract ideas, laws of nature and natural phenomena (including products of nature).” These exceptions are not patentable on their own because they are considered the…

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