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The Patent Garden

US Plant Patent PP4109

Peach tree

PUBLIC DOMAIN

Patent expired September 20, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on September 1, 1996, but this patent ends 712 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
PP4109
Filed
September 1, 1976
Granted
September 20, 1977
Expires
September 20, 1994
Inventor
ZAIGER CHRIS FLOYD

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 which is of large size, vigorous growth; the tree being a productive and regular bearer of large, firm, yellow flesh, early ripening clingstone fruit, with a high degree of red skin color.

Show the legal claimThe single numbered claim as granted — the legal text that defines what this patent covers.

The following is claimed: 1. A new and distinct variety of peach tree, as illustrated and described, which bears large, yellow flesh, clingstone fruit of early maturity. The fruit is further characterized in comparison with other early maturing varieties, by having greater firmness and a higher degree of red color, with excellent shipping quality.

Read the full patent: US Plant Patent PP4109 in full — the complete specification, every figure, and the file history.