Are all synthetic or artificial products automatically patent-eligible?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, synthetic or artificial products are not automatically patent-eligible. The MPEP Section 2106.04(b) clarifies this point:

“Thus, a synthetic, artificial, or non-naturally occurring product such as a cloned organism or a human-made hybrid plant is not automatically eligible because it was created by human ingenuity or intervention.”

Key points to understand:

• The mere fact that a product is artificial or synthetic does not guarantee patent eligibility
• Products that are structurally identical to naturally occurring compositions may not be eligible, even if synthetically created
• The key to eligibility is whether the product possesses markedly different characteristics from any naturally occurring counterpart

Examiners use the markedly different characteristics analysis to evaluate the eligibility of both natural and synthetic products. This ensures that patent protection is not granted to products that essentially replicate nature, regardless of their origin.