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!

For a plant to be patentable, it is essential that it is shown to be new and non-obvious. This means that the plant must not have been previously known or used by others and must demonstrate a distinct advance over prior art. The requirements of novelty and non-obviousness are fundamental to patent law, ensuring that patents are granted only for inventions that contribute something unique and beneficial to the field.

The requirement for a plant to be new ensures that existing varieties or species cannot be patented, safeguarding the interests of public knowledge and conservation of biodiversity. Non-obviousness is evaluated by considering whether the differences between the patented plant and prior plants would have been obvious to a person skilled in the art at the time of the patent application.

The other considerations mentioned, such as where the plant is grown or how it is harvested, do not directly pertain to the fundamental criteria needed for patentability, which focus specifically on the plant's characteristics and its contributions to the field of horticulture or agriculture. Additionally, propagation methods like cuttings may be relevant in certain contexts, but they do not impact the core criteria of novelty and non-obviousness required for patentability.

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