US Plant Patent PP4170
Peach tree-mutation of Loring variety
PUBLIC DOMAIN
Patent expired December 27, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on December 6, 1996, but this patent ends 710 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
- PP4170
- Filed
- December 6, 1976
- Granted
- December 27, 1977
- Expires
- December 27, 1994
- Assignee
- STARK BROTHERS NURSERIES & ORC
- Inventor
- BEYER FREDERICK
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 peach tree variety which originated as a bud mutation of the Loring Peach variety (unpatented) is provided. The fruit of the variety ripens approximately 10 to 14 days earlier than that of the Loring Peach variety, and develops a more intense red color over nearly all of its surface well before the date the fruit softens.
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 peach tree, substantially as illustrated and described, which bears fruit of excellent quality which ripens approximately 10 to 14 days earlier than the fruit of the Loring Peach variety (unpatented), and develops a more intense red blush over nearly all of its surface approximately 8 to 10 days prior to harvest maturity.
Read the full patent: US Plant Patent PP4170 in full — the complete specification, every figure, and the file history.