March 2015

What to think about the December 2014 USPTO Guidelines on Natural Products

By: Andreas Baltatzis & Thomas Powers  |   March 2, 2015

On December 16, 2014, the USPTO issued new Guidelines and Examples for the subject matter eligibility of “Nature-derived products” under Section 101. These guidelines replace the much-derided March 2014 edition. We believe that the new guidelines are much improved from the previous version and represent movement in the right direction in view of the case law including Myriad. Most importantly, the new guidelines favorably address the issue of whether a nature-derived product is “markedly different” from a natural product.