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The Patent Garden

US Plant Patent PP5040

Rose plant 74-1489-2

PUBLIC DOMAIN

Patent expired November 6, 2001. 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
PP5040
Filed
November 6, 1981
Granted
April 19, 1983
Expires
November 6, 2001
Inventor
WARRINER WILLIAM A

No cultivar name of record

This patent does not name the plant. Through the 1980s and early 1990s that was still common: naming every new cultivar only became standard practice as plants began to be marketed under brand names. The grant identifies this one by its number and by a written description instead.

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 hybrid tea rose variety having an upright plant habit with dark green, glossy foliage, red-tipped yellow buds, and fully double open flowers.

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 rose plant of the hybrid tea class, substantially as herein shown and described, characterized particularly as to novelty by the unique combination of its upright plant habit, glossy foliage, red tipped yellow buds, and lighter yellow open flowers.

Read the full patent: US Plant Patent PP5040 in full — the complete specification, every figure, and the file history.