US Plant Patent PP3995
Rose plant
PUBLIC DOMAIN
Patent expired December 21, 1993. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on October 16, 1995, but this patent ends 664 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
- PP3995
- Filed
- October 16, 1975
- Granted
- December 21, 1976
- Expires
- December 21, 1993
- Assignee
- JACKSON & PERKINS CO
- Inventor
- WARRINER WILLIAM A
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 rose plant, substantially as herein shown and described, characterized particularly as to novelty by its generally upright habit of growth, each main branch from the plant base terminating at first blooming in long stemmed broad, rounded clusters of blooms, the secondary growth after first blooming usually producing flowers borne one to a stem, the flowers having little or no fragrance, being bicolor, the petals being Blood Red on upper side and near white on lower, and being resistant to rose powdery mildew.
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 rose plant, substantially as herein shown and described, characterized particularly as to novelty by its generally upright habit of growth, each main branch from the plant base terminating at first blooming in long stemmed broad, rounded clusters of blooms, the secondary growth after first blooming usually producing flowers borne one to a stem, the flowers having little or no fragrance, being bicolor, the petals being Blood Red on upper side and near white on lower, and being resistant to rose powdery mildew.
Read the full patent: US Plant Patent PP3995 in full — the complete specification, every figure, and the file history.