Which of the following is a requirement for a plant to be patentable?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

The requirement that a plant must be shown to be new and unobvious is fundamental for it to be patentable. This aligns with the basic criteria for patentability which include novelty, non-obviousness, and utility. A plant claim must demonstrate that the plant variety has distinct characteristics that differentiate it from known plants and that it would not have been obvious to someone skilled in the art to create that plant.

Newness implies that the plant variety has not been previously available or described, while unobviousness means that the advances it provides over existing varieties aren't readily apparent to those with knowledge in the field. This criteria is critical because the patent system promotes innovation and ensures that only those inventions that contribute significantly to the body of knowledge receive the protection of a patent.

The other options do not reflect the necessary requirements for plant patentability. Plant patenting does not depend on the method of planting, the means of harvesting, or the propagation method, which may vary widely without affecting the fundamental patentability of a new plant variety.

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