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The Patent Garden

US Plant Patent PP4418

Peach tree

PUBLIC DOMAIN

Patent expired March 15, 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
PP4418
Filed
March 15, 1978
Granted
May 22, 1979
Expires
March 15, 1998
Inventor
BRACKETT LEROY W

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 new peach tree variety discovered as a sport limb growing on an Early Elberta Freestone Peach Tree. The new variety exhibits excellent winter and spring freeze resistance characteristics and produces fruit under adverse growing conditions that inhibit production by the parent trees and, moreover, fruit that matures some seven to ten days earlier than that of its parent.

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 Early Elberta Freestone peach tree characterized by its winter hardiness, by its more upright growth habit with smaller scaffolding, by its more deeply green leaves, by its fruit that is similar to that of its parent but that matures some seven to ten days earlier, and by its ability to produce a full crop of fruit despite adverse winter or spring freeze conditions fatal to crop production in the Early Elberta Freestone peach trees growing in the same vicinity, as illustrated and described.

Read the full patent: US Plant Patent PP4418 in full — the complete specification, every figure, and the file history.