What are the key steps in the markedly different characteristics analysis?

The markedly different characteristics analysis is a crucial process in determining patent eligibility for nature-based products. According to MPEP 2106.04(c), the key steps in this analysis are:

1. Identify the nature-based product limitation in the claim.
2. Identify the closest naturally occurring counterpart to the claimed nature-based product.
3. Compare the characteristics of the claimed nature-based product to its naturally occurring counterpart.
4. Determine if there are markedly different characteristics between the claimed product and its natural counterpart.

The MPEP states:

“The markedly different characteristics analysis compares the nature-based product limitation to its naturally occurring counterpart in its natural state. When there is no naturally occurring counterpart to the nature-based product, the comparison should be made to the closest naturally occurring counterpart.”

If the analysis concludes that the claimed product has markedly different characteristics, it is not a “product of nature” exception and is eligible for patenting under 35 U.S.C. 101.

To learn more:

• markedly different characteristics analysis
• patent eligibility
• nature-based products
• product of nature exception