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The Patent Garden

US Plant Patent PP4076

Nectarine 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 24, 1996, but this patent ends 774 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
PP4076
Filed
August 24, 1976
Granted
July 12, 1977
Expires
July 12, 1994
Inventor
ANDERSON FREDRIC 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 nectarine tree which is large, vigorous, upright to spreading, open, foliated with large to medium, lanceolate, acutely pointed leaves having a glandular, crenate margin, blooms with large pink flowers, and is a regular and productive bearer of large to medium, uniform, symmetrical, globose to oblong, freestone fruit having yellow skin overspread with red, and yellow flesh.

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 nectarine tree, substantially as illustrated and described, which is large, vigorous, upright to spreading, open, foliated with large to medium, lanceolate, acutely pointed leaves having a glandular, crenate margin, blooms with large pink flowers, and is a regular and productive bearer of large to medium, uniform, symmetrical, globose to oblong, freestone fruit having yellow skin overspread with red, and yellow flesh; the variety being particularly characterized by fruit of good to best eating quality, which has the firmness and good shipping qualities of the seed parent, Red Diamond nectarine, but ripens with the pollen parent, May Grand nectarine.

Read the full patent: US Plant Patent PP4076 in full — the complete specification, every figure, and the file history.