What types of characteristics are considered in the markedly different characteristics analysis?

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