US Plant Patent PP4093
Nectarine tree
PUBLIC DOMAIN
Patent expired August 23, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on October 1, 1996, but this patent ends 770 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
- PP4093
- Filed
- October 1, 1976
- Granted
- August 23, 1977
- Expires
- August 23, 1994
- Assignee
- BURCHELL NURSERY INC
- Inventor
- ANDERSON FREDERIC 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, medium in size and texture of the trunk and branches, foliated with large to medium size, medium thick, lanceolate, acutely pointed leaves having a crenate margin and globose glands, blooms mid-season with large flowers, and a regular and very productive bearer of large, symmetrical, globose, freestone fruit having yellow skin substantially 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, medium in size and texture of the trunk and branches, foliated with large to medium size, medium thick, lanceolate, acutely pointed leaves having a crenate margin and globose glands, blooms mid-season with large flowers, and a regular and very productive bearer of large, symmetrical, globose, freestone fruit having yellow skin substantially overspread with red, and yellow flesh; the variety being particularly characterized by fruit embracing both the bright red exterior color and the firm flesh of the fruit of the Red Diamond nectarine, the seed parent, and the very firm flesh of the fruit of the Sun Grand nectarine, the pollen parent, but ripening about ten days earlier than said Sun Grand nectarine.
Read the full patent: US Plant Patent PP4093 in full — the complete specification, every figure, and the file history.