What types of characteristics are considered in 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 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.