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Table 1 Summary of the patent eligibility of different types of natural products and related methods under the new examination policy of the USPTO

From: Myriad and its implications for patent protection of isolated natural products in the United States

Products Different from natural product? Patentable subject matter? Examples/Notes References
Structure Characteristics
Chemicals in natural materials No No No Paclitaxel (taxol). /
Isolated or purified extracts/chemicals No No No Paclitaxel purified from Pacific yew tree. Page 7, Example B of[17]
No Yes Maybe In the absence of a structural difference, the isolated product needs to be combined with something else that leads to a "marked" difference.  
Compositions of natural products No No No Composition of paclitaxel and hydrogel as a sustained-release and site-specific formulation. Page 10–11, Example D of[17]
No Yes Maybe Maybe patentable if the combination attains "marked difference" in properties of the natural products.  
e.g. A sustained-release and site-specific formulation of paclitaxel and hydrogel at 1:1 ratio with synergistically enhanced efficacy.  
Synthetic natural products No No No Paclitaxel produced by a total synthesis method. Page 7, Example B of[17]
Synthetic derivatives of natural products Yes No Yes Non-naturally-occurring derivative of paclitaxel. Page 8, Example B of[17]
Compound obtained by a manufacturing process No No No Paclitaxel purified from Pacific yew tree through a novel purification scheme. Page 7, Example B of[17]
Method of preparing natural products No Yes/No Yes Method of extracting paclitaxel from Pacific yew tree, or method of synthesizing paclitaxel. /
Method of using natural products No N/A Maybe Patentable if the use is practical and significant. Page 8–9, Example B of[17]
  e.g. Treating ovarian cancer by administering 175 mg/m2 of paclitaxel intravenously over 3 hours every 3 weeks to a patient.