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The Patent Garden

US Plant Patent PP4082

Rose plant-Melissa variety

PUBLIC DOMAIN

Patent expired July 26, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on May 24, 1996, but this patent ends 668 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
PP4082
Filed
May 24, 1976
Granted
July 26, 1977
Expires
July 26, 1994
Inventor
MCDANIEL GAYLE KENT

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 Hybrid Tea Class obtained as a seedling from seed parent No. 1968-L and pollen parent No. 167-D. The rose plant of the new and distinct variety abundantly yields long lasting medium-sized blooms on a continuous basis in a greenhouse.

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

Having thus described and illustrated my new variety of rose plant what is claimed as new and desired to be secured by Letters Patent is: 1. A new and distinct variety of rose plant of the Hybrid Tea Class obtained as a seedling from seed parent No. 1968-L and pollen parent No. 167-D characterized by its ability to yield medium-sized long lasting blooms on a continuous basis in a greenhouse substantially as shown as described.

Read the full patent: US Plant Patent PP4082 in full — the complete specification, every figure, and the file history.