US Plant Patent PP28547
Burpeachthirtyeight
Peach tree named ‘Burpeachthirtyeight’
UNDER PATENT
Still under patent. Protection ends March 30, 2036.
Twenty years from the filing date would end on March 21, 2036. This patent earned 9 days of term adjustment for delay at the Patent Office, which is why it runs longer.

The record
- Patent number
- PP28547
- Filed
- March 21, 2016
- Granted
- October 24, 2017
- Expires
- March 30, 2036
- Inventor
- GERDTS TIMOTHY J; SLAUGHTER JOHN K
Abstract
A new and distinct variety of peach tree ( Prunus persica ), which is denominated varietally as ‘Burpeachthirtyeight’, and which produces an attractively colored yellow fleshed, clingstone peach which is mature for harvesting and shipment approximately September 18 to September 23 under the ecological conditions prevailing in the San Joaquin Valley of central California.
Show the legal claimThe single numbered claim as granted — the legal text that defines what this patent covers.
Having thus described and illustrated our new variety of peach tree, what we claim is new, and desire to secure by plant Letters Patent is: 1. A new distinct variety of peach tree, substantially as illustrated and described, and which is characterized principally as to novelty by producing an attractively colored yellow fleshed, clingstone peach which is mature for harvesting and shipment approximately September 18 to September 23 under the ecological conditions prevailing in the San Joaquin Valley of central California.
Read the full patent: US Plant Patent PP28547 in full — the complete specification, every figure, and the file history.