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The Patent Garden

US Plant Patent PP4035

Dracaena colorama

PUBLIC DOMAIN

Patent expired April 5, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on May 14, 1996, but this patent ends 770 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
PP4035
Filed
May 14, 1976
Granted
April 5, 1977
Expires
April 5, 1994
Inventor
OBAYASHI HIDEO

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

The new and distinct variety of Dracaena plant substantially as herein shown and described, characterized particularly by medium long, narrow, sword-shaped, dense spreading leaves, the leaves being compactly grouped and erect, the texture thereof being hard and the distinctive color pattern of its leaves with a marginal red-pink strip widening from base to apex, a less prominent mid-rib pink stripe merging with the marginal stripe at the apex, two green stripes on either side of the mid-rib stripe, widening from base to apex, coloration of all stripes on both sides being substantially the same.

Show the legal claimThe single numbered claim as granted — the legal text that defines what this patent covers.

Having thus disclosed my discovery, I claim: 1. The new and distinct variety of Dracaena plant substantially as herein shown and described, characterized particularly by medium long, narrow, sword-shaped, dense spreading leaves, the leaves being compactly grouped and erect, the texture thereof being hard and the distinctive color pattern of its leaves with a marginal red-pink strip widening from base to apex, a less prominent mid-rib pink stripe merging with the marginal stripe at the apex, two green stripes on either side of the mid-rib stripe, widening from base to apex, coloration of all stripes on both sides being substantially the same.

Read the full patent: US Plant Patent PP4035 in full — the complete specification, every figure, and the file history.