How does the ‘markedly different characteristics’ analysis relate to nature-based products?

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 ‘markedly different characteristics’ analysis is used to determine whether a nature-based product is a ‘product of nature’ exception. However, according to MPEP 2106.06(a), this analysis is not always necessary:

“A claim that recites a nature-based product, but clearly does not attempt to tie up the nature-based product, does not require a markedly different characteristics analysis to identify a ‘product of nature’ exception.”

For example:

• An artificial hip prosthesis coated with a naturally occurring mineral doesn’t require this analysis.
• Products with ancillary nature-based components (e.g., a cellphone with gold contacts or a plastic chair with wood trim) also don’t need this analysis.

In these cases, the claims clearly don’t attempt to monopolize the nature-based product, making the markedly different characteristics analysis unnecessary.