US Plant Patent PP4171
Peach tree-mutation of Rio Oso Gem 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 17, 1996, but this patent ends 721 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
- PP4171
- Filed
- December 17, 1976
- Granted
- December 27, 1977
- Expires
- December 27, 1994
- Assignee
- STARK BROTHERS NURSERIES & ORC
- Inventor
- DIEBOLD DAVID A
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 whole tree mutation of the Rio Oso Gem variety (U.S. Plant Pat. No. 84) is provided. The fruit of the new variety ripens approximately 17 to 18 days earlier than that of the Rio Oso Gem variety and approximately 8 days earlier than that of the Early Rio Oso Gem variety (U.S. Plant Pat. No., 2940).
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, which originated as a whole tree mutation of the Rio Oso Gem variety substantially as illustrated and described, which bears fruit which ripens approximately 17 to 18 days earlier than that of the Rio Oso Gem variety and approximately 8 days earlier than that of the Early Rio Oso Gem variety.
Read the full patent: US Plant Patent PP4171 in full — the complete specification, every figure, and the file history.