By E. Kate Berezutskaya

When reviewing or negotiating a patent license to a nature-based product, it may be important to consider whether a claim directed to the nature-based product is patent-eligible. Both licensors and licensees may benefit from considering recent developments in U.S. patent law prior to renewing their license agreements or prior to entering into a new license agreement over nature-based products as a claim to a nature-based product must satisfy the markedly different standard in order to be valid, as discussed in more detail below.