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The Patent Garden

US Plant Patent PP4135

Chrysanthemum

PUBLIC DOMAIN

Patent expired October 25, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on October 26, 1996, but this patent ends 732 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
PP4135
Filed
October 26, 1976
Granted
October 25, 1977
Expires
October 25, 1994
Inventor
MOCK NORMAN

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 new variety of chrysanthemum plant originating as a seedling of the Red Rover (unpatented) and a miscellaneous yellow bloom, and characterized by its velvety yellow blooms, vigorous growth, 9 week response and persistence.

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 cultivar of chrysanthemum, substantially as described and pictured herein, characterized by its velvety yellow blooms, vigorous growth, 9 week response and persistence.

Read the full patent: US Plant Patent PP4135 in full — the complete specification, every figure, and the file history.