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The Patent Garden

US Plant Patent PP4075

Dwarf peach tree

PUBLIC DOMAIN

Patent expired July 12, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on August 9, 1996, but this patent ends 759 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
PP4075
Filed
August 9, 1976
Granted
July 12, 1977
Expires
July 12, 1994
Inventor
ANDERSON FREDERIC W

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 genetically dwarf peach tree which is medium size, vigorous, spreading, foliated with large, lanceolate, acutely pointed leaves having a crenate margin, blooms with large pink flowers, and is a regular and productive bearer of large to medium size, uniform, symmetrical freestone fruit having yellow skin overspread to a substantial extent with red, yellow flesh, and a beige stone.

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 genetically dwarf peach tree, substantially as shown and described, which is of medium size, vigorous, spreading, foliated with large, lanceolate, acutely pointed leaves having a crenate margin, blooms with large pink flowers, and is a regular and productive bearer of large to medium size, uniform, symmetrical freestone fruit having yellow skin overspread to a substantial extent with red, yellow flesh, and a beige stone; the variety having the general characteristics of the Empress, the seed parent, but is distinctive, in comparison, by fruit which is of better eating quality and ripens about 3 weeks earlier.

Read the full patent: US Plant Patent PP4075 in full — the complete specification, every figure, and the file history.