US Plant Patent PP41
Cherry
PUBLIC DOMAIN
Patent expired November 8, 1949. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on December 3, 1951, but this patent ends 755 days earlier — a terminal disclaimer gives term back. A source that calculates twenty years from filing would tell you this plant is still protected when it is already free.
The record
- Patent number
- PP41
- Filed
- December 3, 1931
- Granted
- November 8, 1932
- Expires
- November 8, 1949
- Assignee
- BURBANK LUTHER, BURBANK WATERS ELIZABETH
- Inventor
- BURBANK LUTHER; BURBANK WATERS ELIZABETH
No cultivar name of record
This patent does not name the plant, and for its era that is ordinary rather than an omission. Before about 1980, breeders frequently patented a plant without giving it a cultivar name at all — the grant identified it by its number, its parentage and a written description of the flower and foliage. Most plant patents from the 1930s to the 1970s have no name in them.
Nothing here is missing from our records: the patent itself states no name. Where one exists we show it, and we do not invent one.
Read the full patent: US Plant Patent PP41 in full — the complete specification, every figure, and the file history.