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

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.

To learn more:

• markedly different characteristics
• nature-based products
• product of nature exception