The markedly different characteristics analysis considers various types of characteristics when comparing a claimed nature-based product to its naturally occurring counterpart. According to MPEP 2106.04(c), these characteristics can include, but are not limited to:
- Chemical properties
- Physical properties
- Functional properties
- Structure and form
- Biological or pharmacological properties
The MPEP provides guidance on this analysis:
“Markedly different characteristics can be expressed as the product’s structure, function, and/or other properties, and will be evaluated based on what is recited in the claim on a case-by-case basis.”
It’s important to note that the analysis should consider the characteristics of the claimed product as a whole, rather than focusing on individual components. Additionally, the mere fact that a product is isolated or purified from nature does not automatically make it eligible for patent protection.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2106.04(C) - The Markedly Different Characteristics Analysis,
Patent Law,
Patent Procedure
Tags:
Markedly Different Characteristics,
Nature-Based Products,
Patent Eligibility,
Product Characteristics
