US Plant Patent PP4036
Rose plant
PUBLIC DOMAIN
Patent expired April 5, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on April 13, 1996, but this patent ends 739 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
- PP4036
- Filed
- April 13, 1976
- Granted
- April 5, 1977
- Expires
- April 5, 1994
- Inventor
- WILLIAMS ERNEST D
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, rounded, much branched, bush type, substantially as illustrated and described, characterized by buds and flowers resembling Windy City (miniature -- U.S. Plant Pat. No. 3,792) in general form and size; the bud and flower color resembling the variety Little Darling (Floribunda -- U.S. Plant Pat. No. 1,581, expired) in the blending of yellow, pink and red but usually with more contrast, the general color effect being, yellow with contrasting shades of red; the small buds having rather long sepals with extra foliaceous parts; and further characterized by a plant which is vigorous and compact with abundant disease resistant foliage, a plant which is easily propagated from cuttings, an abundance of bloom 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, rounded, much branched, bush type, substantially as illustrated and described, characterized by buds and flowers resembling Windy City (miniature -- U.S. Plant Pat. No. 3,792) in general form and size; the bud and flower color resembling the variety Little Darling (Floribunda -- U.S. Plant Pat. No. 1,581, expired) in the blending of yellow, pink and red but usually with more contrast, the general color effect being, yellow with contrasting shades of red; the small buds having rather long sepals with extra foliaceous parts; and further characterized by a plant which is vigorous and compact with abundant disease resistant foliage, a plant which is easily propagated from cuttings, an abundance of bloom with flowers borne singly or several to the stem in loose clusters.
Read the full patent: US Plant Patent PP4036 in full — the complete specification, every figure, and the file history.