To be patentable, plants must be?

In the context of patenting plant varieties, the requirement that plants must be "invented or discovered in a cultivated state" is foundational due to the provisions in the Plant Patent Act. This legal framework specifically allows for the patenting of new varieties of plants that have been asexually reproduced. To qualify for patent protection, a plant must be distinct, uniform, and stable, and being in a cultivated state means that the plant has been bred or cultivated under controlled conditions, which is essential for ensuring that the plant variety can be reliably reproduced.

This requirement reflects a fundamental principle of patent law that emphasizes human ingenuity in creating or developing a new variety, rather than simply finding a plant in its natural habitat. By focusing on plants that are cultivated, the patent system fosters innovation in agricultural practices and plant breeding, encouraging the development of new varieties that may have desirable traits such as disease resistance or enhanced productivity.

The other options do not align with the necessary conditions for patenting under the relevant statutes. For example, discovering a plant in the wild does not meet the criteria for patentability since it does not demonstrate the required level of human intervention or ingenuity. Similarly, reproducing from seeds does not necessarily indicate that the plant has been cultivated in a way that meets