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The Patent Garden

US Plant Patent PP4110

Nectarine tree

PUBLIC DOMAIN

Patent expired September 20, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on September 1, 1996, but this patent ends 712 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
PP4110
Filed
September 1, 1976
Granted
September 20, 1977
Expires
September 20, 1994
Inventor
ZAIGER CHRIS FLOYD

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 variety of nectarine tree of medium to large size, vigorous growth and regular, productive bearing of medium size, yellow flesh, clingstone fruit, with a high degree of red skin color.

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 as illustrated and described, characterized by its early maturity of medium size, yellow fleshed, clingstone fruit. The skin of the fruit having a yellow ground color being nearly overspread completely with red and further characterized a vigorous, large tree of regular bearing early nectarines ripening 4 to 5 days before Red June (U.S. Plant No. 2,044).

Read the full patent: US Plant Patent PP4110 in full — the complete specification, every figure, and the file history.