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The Patent Garden

US Plant Patent PP3996

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 November 3, 1995, but this patent ends 682 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
PP3996
Filed
November 3, 1975
Granted
December 21, 1976
Expires
December 21, 1993
Inventor
SUZUKI SEIZO

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 of the Pillar class, substantially as herein shown and described, characterized particularly as to novelty by the unique combination of its vigorous growth, of its upright pillar form, with large clusters of blooms having between 25 to 30 petals in each bloom, and possessing a bloom color similar to that of cultivar Joseph's Coat.

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 of the Pillar class, substantially as herein shown and described, characterized particularly as to novelty by the unique combination of its vigorous growth, of its upright pillar form, with large clusters of blooms having between 25 to 30 petals in each bloom, and possessing a bloom color similar to that of the cultivar Joseph's Coat.

Read the full patent: US Plant Patent PP3996 in full — the complete specification, every figure, and the file history.