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The Patent Garden

US Plant Patent PP4398

Peach tree

PUBLIC DOMAIN

Patent expired March 20, 1998. This plant is in the public domain — anyone may propagate and sell it.

No term adjustment or disclaimer is recorded against this patent, so this is the full statutory term — twenty years from the filing date.

The record

Patent number
PP4398
Filed
March 20, 1978
Granted
March 20, 1979
Expires
March 20, 1998
Inventor
MERRILL GRANT; MERRILL EXECUTRIX BY LUCILE B

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 which is of medium size, medium vigor, upright to spreading, open, vase-formed, hardy, foliated with medium size, lanceolate to almost ovate-lanceolate, acutely pointed, long, tapering leaves having a finely serrate margin, short petiole, and opposite, reniform glands, blooms early to medium with medium size, broad ovate, showy, pink flowers, and a regular and very productive bearer of large, uniform, slightly unsymmetrical, broadly truncate-globose, late ripening, freestone fruit having yellowish green to yellowish skin blushed with dull grayish red, and yellow flesh, the surface of the pit cavity being red.

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, substantially as illustrated and described, particularly characterized by freestone fruit which--in particular comparison with the Autumn Gem--is similar in size and skin color but is in harvest approximately two weeks later.

Read the full patent: US Plant Patent PP4398 in full — the complete specification, every figure, and the file history.