What is the “markedly different characteristics” analysis in patent examination?

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 a key part of determining the patent eligibility of nature-based products. According to the MPEP Section 2106.04(b):

“When a claim recites a nature-based product limitation, examiners should use the markedly different characteristics analysis discussed in MPEP § 2106.04(c) to evaluate the nature-based product limitation and determine the answer to Step 2A.”

This analysis is used to determine whether a nature-based product has characteristics that are markedly different from its naturally occurring counterpart. Key points include:

• It applies to both naturally occurring and non-naturally occurring products
• The analysis focuses on the characteristics of the claimed product compared to its natural counterpart
• Products with markedly different characteristics are not considered products of nature and may be patent-eligible

Examiners use this analysis to evaluate nature-based product limitations and determine whether they qualify as exceptions to patent eligibility.