US Plant Patent PP4000
Poinsettia plant
PUBLIC DOMAIN
Patent expired December 28, 1993. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on March 2, 1996, but this patent ends 795 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
- PP4000
- Filed
- March 2, 1976
- Granted
- December 28, 1976
- Expires
- December 28, 1993
- Assignee
- MIKKELSENS INC
- Inventor
- MIKKELSEN JAMES C
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
1. A new and distinct cultivar of poinsettia plant characterized by the combined characteristics of growth as a single stem or pinched plant; superior growth habit and vigor; large light pink bracts which are broad, thick and self supporting, with the bract head of single stem plants measuring up to 40 cm. in diameter; large cyathias which indicate an increase in ploidy from diploid to tetraploid; long lasting bracts and foliage, and by its relatively slower rooting habits.
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 cultivar of poinsettia plant characterized by the combined characteristics of growth as a single stem or pinched plant; superior growth habit and vigor; large light pink bracts which are broad, thick and self supporting, with the bract head of single stem plants measuring up to 40 cm. in diameter; large cyathias which indicate an increase in ploidy from diploid to tetraploid; long lasting bracts and foliage, and by its relatively slower rooting habits.
Read the full patent: US Plant Patent PP4000 in full — the complete specification, every figure, and the file history.