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The Patent Garden

US Plant Patent PP4051

Peach tree

PUBLIC DOMAIN

Patent expired May 10, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on January 16, 1996, but this patent ends 616 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
PP4051
Filed
January 16, 1976
Granted
May 10, 1977
Expires
May 10, 1994
Inventor
KRAHN HENRY

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

As a mutation of Pacific Gold, a new peach tree variety is disclosed which is characterized by its dwarf nature and a predominance of vigorous, robust spurs, very short laterals with short internodes and prominent axillary buds.

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 characterized as to novelty primarily by the dwarf nature of its growth which is approximately one-quarter that of its parent Pacific Gold, foliage which is darker green, longer and denser with approximately 25 percent more chlorophyll than that of its parent Pacific Gold and with fruit similar to that of Pacific Gold and that ripens at substantially the same time as that of Pacific Gold.

Read the full patent: US Plant Patent PP4051 in full — the complete specification, every figure, and the file history.