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The Patent Garden

US Plant Patent PP4263

Pear tree

PUBLIC DOMAIN

Patent expired July 19, 1997. 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
PP4263
Filed
July 19, 1977
Granted
June 13, 1978
Expires
July 19, 1997
Inventor
KINNEY CHARLES LYLE

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 novel pear variety originating as a sport of Regal Red Comice, characterized by its solid red fruit color, Comice shape and smaller tree habit.

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

What is claimed is: 1. A new and distinct variety of pear tree, substantially as shown and described herein, distinguished principally from its parent, the Regal Red Comice, by being a spur-type tree bearing fruit, having a substantially solid red color throughout the growing season, with little or no purplish tint and having very slight yellowish undercoat when ripe, having substantially thicker and tougher skin, and having a rounded shape more nearly similar to the standard Doyenne Du Comice.

Read the full patent: US Plant Patent PP4263 in full — the complete specification, every figure, and the file history.