US Plant Patent PP4043
Rose plant
PUBLIC DOMAIN
Patent expired April 26, 1994. 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 538 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
- PP4043
- Filed
- October 16, 1975
- Granted
- April 26, 1977
- Expires
- April 26, 1994
- 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 of the hybrid tea class, substantially as herein shown and described, characterized particularly as to novelty by the unique combination of its vigorous, upright habit of growth, Cardinal Red flower color, pronounced fragrance, and large downward pointed thorns.
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 hybrid tea class, substantially as herein shown and described, characterized particularly as to novelty by the unique combination of its vigorous, upright habit of growth, Cardinal Red flower color, pronounced fragrance, and large downward pointed thorns.
Read the full patent: US Plant Patent PP4043 in full — the complete specification, every figure, and the file history.