Can I patent a design that's based off nature?

Can I Patent a Design That's Based Off Nature?

Designs inspired by nature have led to numerous innovations across industries, from architecture to biotechnology. This biomimicry approach raises important questions about the patentability of inventions that draw inspiration from natural phenomena.

Understanding Biomimicry and Patent Law

Biomimicry is the practice of emulating nature's strategies and designs to solve human challenges. While natural phenomena themselves are not patentable, human-made inventions inspired by nature can potentially qualify for patent protection.

The United States Patent and Trademark Office (USPTO) applies specific criteria when evaluating patent applications for nature-inspired innovations:

• Novelty - The design must be new and not previously disclosed
• Non-obviousness - The design must represent a non-obvious advancement over existing technology
• Utility - The design must serve a useful purpose
• Subject matter eligibility - The design must fall within patentable subject matter categories

A key precedent in this area is the Diamond v. Chakrabarty Supreme Court case, which established that "anything under the sun that is made by man" may be patentable, including modified natural products.

The Judicial Exceptions

Despite the broad scope of potential patent subject matter, important exceptions exist that affect nature-inspired designs:

Products of Nature Doctrine

Under the "products of nature" doctrine, naturally occurring substances and organisms cannot be patented in their natural state. The USPTO and courts have established that:

• Natural phenomena are not eligible for patents
• Laws of nature cannot be patented
• Abstract ideas are not patentable subject matter

These principles were reinforced in Association for Molecular Pathology v. Myriad Genetics, where the Supreme Court ruled that naturally occurring DNA sequences cannot be patented, but artificially created cDNA can be.

Markedly Different Characteristics Analysis

For nature-inspired designs, the USPTO applies a "markedly different characteristics" test to determine patentability. This analysis examines whether the claimed invention has characteristics substantially different from what exists in nature.

Biomimicry Institute, an organization promoting nature-inspired design, notes that "the key to patenting biomimetic innovations is transforming natural principles into novel technical applications with characteristics distinct from their natural counterparts."

Patentable Nature-Inspired Innovations

Despite these limitations, many nature-inspired designs have successfully secured patent protection:

Biomimetic Materials

Novel materials inspired by natural structures but synthetically created often qualify for patents under C08J (working-up of plastics) or B32B (layered products) classifications:

• Sharklet Technologies patented a surface pattern inspired by shark skin that inhibits bacterial growth
• Qualcomm holds patents for display technologies inspired by butterfly wing structures
• Biomason has patented biocement materials inspired by coral formation processes

Biomechanical Systems

Mechanical systems drawing inspiration from natural movement patterns may qualify under F16H (gearing) or B25J (manipulators, robots):

• Festo has secured patents for robotic grippers inspired by elephant trunks and octopus tentacles
• Boston Dynamics holds numerous patents for robotic locomotion systems inspired by animal movements
• ZeroFly has patented drone designs based on insect flight mechanics

Architectural Designs

Building designs inspired by natural structures might qualify for patents under E04B (building constructions):

• Exploration Architecture holds patents for building ventilation systems inspired by termite mounds
• HOK has patented structural supports based on tree branching patterns
• Grimshaw Architects secured patents for the Eden Project's biome structures inspired by pollen grains

Strategies for Patenting Nature-Inspired Designs

Focus on Technical Implementation

When seeking a patent for a nature-inspired design, focus on the technical implementation rather than the natural principle:

• Highlight synthetic materials or manufacturing processes
• Emphasize functional improvements over natural counterparts
• Detail specific technical problems solved by your implementation

IDEO, a global design company, recommends "focusing patent claims on the novel technical features that translate natural principles into practical applications rather than on the biological inspiration itself."

Consider Multiple Forms of Protection

A comprehensive intellectual property strategy might include:

• Utility patents for functional aspects
• Design patents for ornamental features
• Trade secrets for manufacturing processes
• Copyright for associated documentation or software

Interface, Inc., a sustainable flooring company, protects its nature-inspired carpet designs through combinations of utility patents, design patents, and trademarks.

Conduct Thorough Prior Art Searches

Nature-inspired designs often draw from well-studied biological systems, making prior art searches particularly important:

• Search patent databases for similar biomimetic applications
• Review scientific literature on the biological systems you're emulating
• Examine commercial products that might incorporate similar principles

PatentSight, a LexisNexis company, provides specialized tools for analyzing biomimicry-related patent landscapes.

Industry-Specific Considerations

Biotechnology

In biotechnology (C12N), the distinction between natural products and patentable inventions requires careful navigation:

• Artificially modified organisms may be patentable
• Synthetic DNA sequences can qualify for patent protection
• Metabolic engineering inspired by natural processes might be patentable

Ginkgo Bioworks has secured numerous patents for synthetic biology applications inspired by natural biological processes.

Medical Devices

For medical devices (A61B), biomimetic approaches are increasingly common:

• Surgical tools inspired by animal appendages
• Implants designed to mimic natural tissues
• Diagnostic devices based on natural sensing mechanisms

Gecko Biomedical has patented adhesive technologies for surgical applications inspired by gecko foot structures.

Consumer Products

Consumer products often incorporate nature-inspired designs:

• Cleaning products mimicking natural surfaces
• Packaging inspired by protective biological structures
• Textile designs based on natural fiber arrangements

Velcro, perhaps the most famous biomimetic invention, was patented by George de Mestral after studying how burrs attached to his dog's fur.

Questions about Patenting Nature-Inspired Designs

How Do I Distinguish My Nature-Inspired Design from the Natural Phenomenon Itself?

To establish patentability, clearly differentiate your design from its natural inspiration by demonstrating "markedly different characteristics." Focus on artificial modifications, synthetic materials, or engineered functionalities that don't exist in nature. For example, if your design mimics the water-repellent properties of lotus leaves, emphasize the specific synthetic surface structure you've developed, manufacturing techniques, novel materials incorporated, or particular applications beyond what occurs naturally. Document how your design solves specific technical problems through human intervention. The key is showing that you've taken a natural principle and transformed it into something new through human ingenuity. In your patent application, clearly articulate these differences and the transformation process from natural inspiration to engineered solution.

Can I Patent a Manufacturing Process That Mimics Natural Processes?

Yes, manufacturing processes inspired by natural phenomena can often be patented, even when the natural process itself cannot. Focus your patent claims on the specific technical steps, equipment configurations, and parameters that constitute your manufacturing method. For example, a process mimicking how spiders produce silk could be patentable if it involves novel technical steps, equipment setups, or material processing techniques. The patentability strengthens when your process achieves results that natural processes cannot—such as greater efficiency, scalability, or novel applications. Many valuable patents in fields like green chemistry, additive manufacturing, and material science involve biomimetic processes. Be prepared to demonstrate how your process represents a non-obvious advancement over existing manufacturing methods in your field.

What Types of Nature-Inspired Designs Have the Strongest Patent Protection?

Nature-inspired designs with the strongest patent protection typically combine multiple innovative elements beyond the natural inspiration. Designs incorporating novel synthetic materials not found in nature generally have stronger protection than those using natural materials in new configurations. Inventions that solve long-standing technical problems or achieve performance metrics significantly beyond natural capabilities also establish strong patent positions. Multi-functional designs that combine several biomimetic principles in novel ways often secure broader protection. Designs with clear industrial applications and demonstrable market value typically receive more robust enforcement support. Finally, designs protected through a comprehensive IP strategy—combining utility patents for functional aspects, design patents for aesthetic elements, and trade secrets for manufacturing processes—establish the strongest overall protection.

How Should I Document the Development of My Nature-Inspired Design for Patent Purposes?

Thorough documentation is crucial for nature-inspired design patents. Maintain detailed records showing the progression from biological inspiration to engineered solution, including: initial observations or research of natural phenomena; analytical work identifying the principles or structures you're adapting; design iterations showing how you transformed natural principles into synthetic applications; testing data demonstrating performance comparisons between your design and natural counterparts; manufacturing methods and materials selection rationales; and potential applications and advantages over existing technologies. Use dated lab notebooks, digital design files, prototypes, and test results as evidence. This documentation serves multiple purposes: establishing invention dates, demonstrating the non-obvious nature of your creation, supporting the "markedly different characteristics" requirement, and helping your patent attorney draft claims that focus on the patentable aspects rather than the natural inspiration.

Are There International Differences in Patenting Nature-Inspired Designs?

Yes, significant international variations exist in how patent offices treat nature-inspired designs. The European Patent Office (EPO) generally applies stricter standards for biotechnology inventions than the USPTO but may be more receptive to biomimetic mechanical or architectural designs. Japan and South Korea have specific guidelines for biomimetic inventions that emphasize technical application over natural inspiration. China has been increasingly receptive to nature-inspired patents, particularly in materials science and manufacturing. Some jurisdictions like Brazil and India have special provisions regarding biodiversity-derived innovations, potentially requiring disclosure of the biological source or benefit-sharing arrangements. If pursuing international protection, consider filing through the Patent Cooperation Treaty (PCT) while tailoring your claims for different jurisdictions based on their specific requirements and case law regarding nature-inspired inventions.