US Plant Patent PP4436
Cherry tree
PUBLIC DOMAIN
Patent expired September 5, 1998. This plant is in the public domain — anyone may propagate and sell it.
No term adjustment or disclaimer is recorded against this patent, so this is the full statutory term — twenty years from the filing date.
The record
- Patent number
- PP4436
- Filed
- September 5, 1978
- Granted
- July 10, 1979
- Expires
- September 5, 1998
- Inventor
- NIES MARVIN L
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 cherry tree which is of medium size and medium vigor, upright to spreading, dense, vase formed, hardy, foliated with large to medium size, ovate occasionally slightly obovate, abruptly to acutely pointed leaves having a crenate, finely serrate margin, and glabrous, opposite-alternate, medium size, mixed, red glands on the petiole adjacent the base of the blade, blooms early from hardy, medium size, medium length, conic, plump, free buds, the resultant flowers being early, medium size, and white, and the tree is a regular and very productive bearer of early-ripening, large to medium size, uniform, symmetrical transversely of the suture plane, globose, semi-freestone fruit having glassy, red skin, and red flesh with lighter streaking radiating from the pit cavity, the latter being red.
Show the legal claimThe single numbered claim as granted — the legal text that defines what this patent covers.
I claim: 1. A new and distinct variety of cherry tree, substantially as illustrated and described, characterized, in particular, by large to medium size fruit which is crack-resistant, sizes well, is borne heavily and regularly on relatively short stems, is uniform in size and ripens evenly with the ripening period shortly after Burlat but before Larian and Bing, is firmer with darker red flesh than Larian but softer than Bing, is sweet flavored, and is of an attractive glassy red exterior color; the fruit, in shape, generally resembling the Bing but is slightly more round in cross section and not quite as flattened on the ventral side.
Read the full patent: US Plant Patent PP4436 in full — the complete specification, every figure, and the file history.