US Plant Patent PP4158
Miniature rose plant
PUBLIC DOMAIN
Patent expired November 29, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on November 1, 1996, but this patent ends 703 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
- PP4158
- Filed
- November 1, 1976
- Granted
- November 29, 1977
- Expires
- November 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
A new and distinct variety of miniature rose having small, very double, light pink flowers which are profusely borne in small clusters on a small plant having small, disease resistant leaves.
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, bushy, rounded, much branched habit, essentially as illustrated and described, characterized by buds and flowers of a light to medium pink color resembling the June Time miniature rose (U.S. Plant Pat. No. 2,563) -- and resembling the Cinderella miniature rose (U.S. Plant Pat. No. 1,051 -- expired) in size and form of bud and flower; and further characterized by a plant which is vigorous and compact, said plant being easy to propagate from cuttings, with small, disease resistant, semi-glossy leaves, an abundance of bloom, making this variety useful as a potted plant, with flowers borne usually several to the stem in loose clusters.
Read the full patent: US Plant Patent PP4158 in full — the complete specification, every figure, and the file history.