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The Patent Garden

US Plant Patent PP4047

Rose plant

PUBLIC DOMAIN

Patent expired May 3, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on June 7, 1996, but this patent ends 766 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
PP4047
Filed
June 7, 1976
Granted
May 3, 1977
Expires
May 3, 1994
Inventor
WEEKS O L

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 Rose plant of the Floribunda class, substantially as herein shown and described, characterized particularly as to novelty by the well formed buds which come in large measure on single stems, the buds retaining the Floribunda characteristics of clustering adequately to provide color mass, the excellent petal substance which provides long life to the flower, both on the plant and when cut, the vivid yellow coloring which holds well throughout the life of the flowers, and the well contained growth and upright development with little spreading effect.

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 variety of Rose plant of the Floribunda class, substantially as herein shown and described, characterized particularly as to novelty by the well formed buds which come in large measure on single stems, the buds retaining the Floribunda characteristics of clustering adequately to provide color mass, the excellent petal substance which provides long life to the flower, both on the plant and when cut, the vivid yellow coloring which holds well throughout the life of the flowers, and the well contained growth and upright development with little spreading effect.

Read the full patent: US Plant Patent PP4047 in full — the complete specification, every figure, and the file history.