What is a “product of nature” in patent law?

A “product of nature” in patent law refers to a physical product that is essentially a law of nature or natural phenomenon. The MPEP Section 2106.04(b) explains:

“When a law of nature or natural phenomenon is claimed as a physical product, the courts have often referred to the exception as a ‘product of nature’.”

Products of nature can include both naturally occurring products and non-naturally occurring products that lack markedly different characteristics from any naturally occurring counterpart. It’s important to note that:

• Synthetic or artificial products are not automatically eligible for patents
• The key to eligibility is whether the product possesses markedly different characteristics from any naturally occurring counterpart
• Living organisms are not excluded from patent protection merely because they are alive

Examiners use a markedly different characteristics analysis to evaluate nature-based product limitations and determine patent eligibility.

To learn more:

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