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The Patent Garden

US Plant Patent PP4031

Rose plant

PUBLIC DOMAIN

Patent expired March 29, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on April 19, 1996, but this patent ends 752 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
PP4031
Filed
April 19, 1976
Granted
March 29, 1977
Expires
March 29, 1994
Inventor
MOORE RALPH S

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 variety of miniature rose plant of hardy, dwarf, bushy, upright, much branched habit, essentially as illustrated and described, characterized by buds and flowers of a bright pink color resembling the Judy Fischer miniature rose (U.S. Plant Pat. No. 3,137) and resembling the Sheri Anne miniature rose (U.S. Plant Pat. No. 3,826) in size and form of bud and flower; and further characterized by a plant which is vigorous and compact, said plant being easy to propagate from cuttings, with medium small, disease resistant, glossy foliage, an abundance of bloom, with better than average keeping quality, with flowers borne singly or several to the stem in loose clusters.

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

The following is claimed: 1. A new and distinct variety of miniature rose plant of hardy, dwarf, bushy, upright, much branched habit, essentially as illustrated and described, characterized by buds and flowers of a bright pink color resembling the Judy Fischer miniature rose (U.S. Plant Pat. No. 3,137) and resembling the Sheri Anne miniature rose (U.S. Plant Pat. No. 3,826) in size and form of bud and flower; and further characterized by a plant which is vigorous and compact, said plant being easy to propagate from cuttings, with medium small, disease resistant, glossy foliage, an abundance of bloom, with better than average keeping quality, with flowers borne singly or several to the stem in loose clusters.

Read the full patent: US Plant Patent PP4031 in full — the complete specification, every figure, and the file history.