US Plant Patent PP4064
Peach tree
PUBLIC DOMAIN
Patent expired June 21, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on July 26, 1996, but this patent ends 766 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
- PP4064
- Filed
- July 26, 1976
- Granted
- June 21, 1977
- Expires
- June 21, 1994
- Inventor
- MINAMI WILLIAM Y
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 peach tree generally similar to the Springcrest Peach Tree (unpatented) which bears early ripening, yellow fleshed, semi-freestone fruit from 7 to 10 days earlier than the Springcrest.
Show the legal claimThe single numbered claim as granted — the legal text that defines what this patent covers.
Having thus described and illustrated my new variety of peach tree, what is claimed as new and desired to be secured by Letters Patent is: 1. A new and distinct variety of peach tree substantially as illustrated and described and which is characterized by its regular and prolific bearing of early ripening small to medium, semi-freestone, yellow-fleshed fruit; and by its general resemblance to the Springcrest (unpatented) peach tree, but from which it is distinguished by its fruit ripening from 7 to 10 days earlier.
Read the full patent: US Plant Patent PP4064 in full — the complete specification, every figure, and the file history.