How does the USPTO determine if a claim is directed to a law of nature or natural phenomenon?

The USPTO uses a two-step analysis to determine if a claim is directed to a law of nature or natural phenomenon. This process is outlined in MPEP Section 2106.04(b):

1. Step 2A, Prong One: Examiners evaluate whether the claim recites a law of nature or natural phenomenon.
2. Step 2A, Prong Two: If the claim recites an exception, examiners determine whether the claim integrates the exception into a practical application.

The MPEP 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 claim recites a law of nature or natural phenomenon, it may still be patent-eligible if it applies the exception in a practical way or adds significantly more to the exception.

For products of nature, examiners use a markedly different characteristics analysis to evaluate nature-based product limitations and determine eligibility.

To learn more:

• patent eligibility analysis
• laws of nature
• natural phenomena
• USPTO examination