Can a method involving a law of nature or natural phenomenon be patent-eligible?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

Yes, a method involving a law of nature or natural phenomenon can be patent-eligible under certain circumstances. The MPEP Section 2106.04(b) provides guidance on this:

“The courts have also noted, however, that not every claim describing a natural ability or quality of a product, or describing a natural process, necessarily recites a law of nature or natural phenomenon.”

Examples of potentially eligible methods include:

  • A method of treating cancer with chemotherapy
  • A method of treating headaches with aspirin
  • A method of producing a new compound

These methods may be eligible because they are not focused merely on the natural phenomenon itself, but on a practical application of it. The MPEP further states:

“Even if a claim does recite a law of nature or natural phenomenon, it may still be eligible at any of Pathways A through C.”

This means that even if a method involves a law of nature or natural phenomenon, it may be patent-eligible if it applies the exception in a practical way or adds significantly more to the exception.

Topics: MPEP 2100 - Patentability MPEP 2106.04(B) - Laws Of Nature Patent Law Patent Procedure
Tags: Abstract Ideas, Alice/Mayo Framework, Mathematical Concepts, Patent Eligibility, Significantly More