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The Patent Garden

US Plant Patent PP5143

Ilex aquifolium selection

PUBLIC DOMAIN

Patent expired March 9, 2002. 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
PP5143
Filed
March 9, 1982
Granted
November 22, 1983
Expires
March 9, 2002
Inventor
AVILA ROSENDO

No cultivar name of record

This patent does not name the plant. Through the 1980s and early 1990s that was still common: naming every new cultivar only became standard practice as plants began to be marketed under brand names. The grant identifies this one by its number and by a written description instead.

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

This invention relates to a new and distinct selection of Ilex aquifolium shrub (popularly known as English holly) a member of the Aquifoliaceae family referred to as Ilex aquifolium `Monvila`. A sport selection characterized from the plant it was discovered on by its variegated leaf with yellow margins. Our selection differs from Ilex aquifolium `Argenteo-marginata`, a plant with similar foliage color pattern by our new selection having (1) a more compact growth habit; (2) smaller leaves with less numbers of spines and (3) producing strictly male flowers.

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

I claim: 1. Ilex aquifolium `Monvila` is a new and distinct selection as substantially shown and described herein, a superior selection characterized by a combination of notable characteristics of variegated foliage, compact habit, small foliage and having strictly male flowers.

Read the full patent: US Plant Patent PP5143 in full — the complete specification, every figure, and the file history.