Rose plant-charisma variety

PUBLIC DOMAIN

Patent expired December 27, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on January 18, 1997, but this patent ends 753 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

PP4173

Filed

January 18, 1977

Granted

December 27, 1977

Expires

December 27, 1994

Assignee

CONARD PYLE COMPANY

Inventor

JELLY ROBERT G

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 rose plant of the Floribunda class originated by crossing Gemini (U.S. Plant Pat. No. 2,728) with Zorina (U.S. Plant Pat. No. 2,321).

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 Floribunda class substantially as herein shown and described, characterized particularly as to novelty by a unique combination of vibrant multicolor bloom, vigorous habit of growth, excellent foliage having resistance to mildew and blackspot, ability to withstand moderate sub-zero temperatures, and an ability for its cut flowers to last twelve to fifteen days at room temperature indoors.

Read the full patent: US Plant Patent PP4173 in full — the complete specification, every figure, and the file history.