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 types of products subject to the markedly different characteristics analysis used to identify product of nature exceptions.”
If the claimed product has markedly different characteristics from its natural counterpart, it is not a product of nature exception and is eligible. If it does not have markedly different characteristics, it is a product of nature exception and requires further analysis in Step 2A Prong Two.
Examiners should keep in mind that the markedly different characteristics analysis applies to nature-based products that are not naturally occurring, such as synthetic products that are structurally identical to a naturally occurring product.
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