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The Patent Garden

US Plant Patent PP4084

Nectarine tree

PUBLIC DOMAIN

Patent expired July 26, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on August 18, 1996, but this patent ends 754 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
PP4084
Filed
August 18, 1976
Granted
July 26, 1977
Expires
July 26, 1994
Inventor
PARNAGIAN SAM

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 of vigorous growth and large size which bears early ripening, clingstone, yellow-fleshed fruit which ripens 10 to 14 days earlier than that borne by the Armking Nectarine Tree (U.S. Plant Pat. No. 2,943) of which it is a sport, and which is more highly colored than that borne by the Mayred Nectarine Tree (U.S. Plant Pat. No. 2,758).

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

Having thus described and illustrated my new variety of nectarine tree, what is new and desired to be secured by Letters Patent is: 1. A new and distinct variety of nectarine tree, substantially as illustrated and described, characterized by its vigorous growth and large size; its bearing of early ripening, very highly colored, clingstone, yellow fleshed fruit which ripens from 10 to 14 days earlier than the fruit of the Armking nectarine tree (U.S. Plant Pat. No. 2,943) and which is smoother, glossier and more highly colored than the fruit of the Mayred nectarine tree (U.S. Plant Pat. No. 2,758); and which is further distinguished from the Armking nectarine tree by its even more vigorous growth and more nearly spherical fruit.

Read the full patent: US Plant Patent PP4084 in full — the complete specification, every figure, and the file history.