How does the broadest reasonable interpretation (BRI) affect the examination of nature-based product claims?

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.

The broadest reasonable interpretation (BRI) plays a crucial role in the examination of nature-based product claims. The MPEP Section 2106.04(b) explains:

“It is important to keep in mind that under the broadest reasonable interpretation (BRI) of the claims, a nature-based product limitation may encompass both eligible and ineligible products.”

Key points to understand:

• A claim may cover both products with markedly different characteristics and those without
• Examiners must consider the full scope of the claim under BRI
• If the BRI includes products of nature, further analysis in Step 2A Prong Two is required
• If a claim is rejected, examiners should suggest amendments to narrow the claim to eligible embodiments

This approach ensures a thorough examination of nature-based product claims, considering all possible interpretations within the claim’s scope.