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The Patent Garden

US Plant Patent PP4028

Miniature rose plant

PUBLIC DOMAIN

Patent expired March 29, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on January 23, 1996, but this patent ends 665 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
PP4028
Filed
January 23, 1976
Granted
March 29, 1977
Expires
March 29, 1994
Inventor
MOORE RALPH S

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

1. A new and distinct variety of miniature rose plant of hardy, dwarf, rounded, much branched, bush type as illustrated and described, characterized by buds and flowers resembling the Easter Morning (U.S. Plant Pat. No. 2,177) miniature rose in general form and size but color is rich clear yellow with better than average lasting quality, the general color effect being deep yellow; and further characterized by a plant which is of vigorous and compact growth, easy to propagate from cuttings, with medium small semi-glossy foliage and an abundance of bloom, with flowers borne singly or several to stem in loose clusters.

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

The following is claimed: 1. A new and distinct variety of miniature rose plant of hardy, dwarf, rounded, much branched, bush type as illustrated and described, characterized by buds and flowers resembling the Easter Morning (U.S. Plant Pat. No. 2,177) miniature rose in general form and size but color is rich clear yellow with better than average lasting quality, the general color effect being deep yellow; and further characterized by a plant which is of vigorous and compact growth, easy to propagate from cuttings, with medium small semi-glossy foliage and an abundance of bloom, with flowers borne singly or several to stem in loose clusters.

Read the full patent: US Plant Patent PP4028 in full — the complete specification, every figure, and the file history.