US Plant Patent PP4072
Peach tree
PUBLIC DOMAIN
Patent expired July 5, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on August 2, 1996, but this patent ends 759 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
- PP4072
- Filed
- August 2, 1976
- Granted
- July 5, 1977
- Expires
- July 5, 1994
- Inventor
- NAKAYAMA HITOSHI P
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 variety of peach tree the fruit of which ripens about a week to 10 days earlier than the Red Top variety (unpatented) which the new variety most nearly resembles.
Show the legal claimThe single numbered claim as granted — the legal text that defines what this patent covers.
Having thus described my new variety of peach tree I claim: 1. The new and distinct variety of peach tree, substantially as shown and described herein, characterized by highly colored, firm, fine grained, yellow-fleshed freestone fruit which reaches maturity a week to 10 days before the peaches of the Red Top variety (unpatented).
Read the full patent: US Plant Patent PP4072 in full — the complete specification, every figure, and the file history.