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.
Markedly Different Characteristics Analysis for Product of Nature Exceptions MPEP 2106.04(c) Informative
Requirement for Markedly Different Characteristics Analysis MPEP 2106.04(c) Informative
Comparison to Natural Animals Required for Product of Nature Analysis MPEP 2106.04(c) Informative
Guidelines for Markedly Different Characteristics Analysis MPEP 2106.04(c) Informative
Markedly Different Characteristics Analysis for Nature-Based Products MPEP 2106.04(c) Informative