To be patentable, plants must be?

To be patentable, plants must be either invented or discovered in a cultivated state. This requirement is based on the U.S. patent law that allows for the protection of new varieties of plants, which essentially involves a process of breeding or discovering plants that possess unique and distinguishable characteristics from known varieties. The establishment that a plant was cultivated, rather than simply found in the wild, emphasizes the human innovation aspect that is essential for patent eligibility. This aligns with the fundamental principle of patents, which is to reward inventiveness and contribute to the public knowledge pool through a controlled disclosure of the invention.

In contrast, the other choices do not align with the patentability criteria set forth by patent law. For instance, simply discovering a plant in its natural habitat does not qualify for patent protection unless it has been cultivated or modified through human intervention. Similarly, reproduction methods, such as growing from seeds or being commercially available, do not inherently confer patentability without the inventive step of cultivation and distinctiveness demonstrated. Thus, the focus on cultivation effectively encapsulates the necessary criteria for patenting plants.