Abstract

The field of natural products chemistry is ripe with innovation that underpins a broad range of industries. Patents are critical to incentivising the investment needed to drive this innovation and there is surprisingly broad scope to protect natural product-related inventions using patents. However, the patent process can be difficult to navigate and recent developments in case law, particularly in the United States (USA), have introduced further complexities into the patent system that undermine innovation in the natural products space. While steps are being taken to address these issues, we outline the requirements for patent eligibility in Australia, the US and Europe, and discuss the different aspects of natural products chemistry that may be considered patentable, to assist readers in navigating the current complexities of seeking patent protection.

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