What is the markedly different characteristics analysis?

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 part of Step 2A Prong One of the patent eligibility analysis. It is used to identify product of nature exceptions by comparing a claimed nature-based product to its naturally occurring counterpart.

According to the MPEP, “The markedly different characteristics analysis compares the nature-based product limitation to its naturally occurring counterpart in its natural state. Markedly different characteristics can be expressed as the product’s structure, function, and/or other properties, and are evaluated based on what is recited in the claim on a case-by-case basis.“

If the analysis shows that the nature-based product has markedly different characteristics from its natural counterpart, it is not considered a product of nature exception and may be eligible for patenting (subject to other requirements).