US Plant Patent PP4150
Cherry tree
PUBLIC DOMAIN
Patent expired November 15, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on January 27, 1997, but this patent ends 804 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
- PP4150
- Filed
- January 27, 1977
- Granted
- November 15, 1977
- Expires
- November 15, 1994
- Assignee
- L E COOKE CO INC
- Inventor
- MOORE RALPH S
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.
Abstract
A sweet cherry variety of the Bing type characterized by its ability to mature fruit in areas of high temperature and low humidity.
Show the legal claimThe single numbered claim as granted — the legal text that defines what this patent covers.
The following is claimed: 1. A new and distinct variety of fruiting cherry tree of the Bing type, essentially as described and illustrated, of vigorous, upright growth habit with large dark red fruit similar to the Black Tartarian variety but larger and generally having a sweeter more pleasing flavor; a tree which grows and fruits well in warm dry areas such as the south San Joaquin Valley in California and which bears abundant annual crops; the variety is further characterized by the keeping quality of its fruit, by abundant medium green foliage and ease of propagation by regular nursery methods.
Read the full patent: US Plant Patent PP4150 in full — the complete specification, every figure, and the file history.