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The Patent Garden

US Plant Patent PP4070

Rose plant

PUBLIC DOMAIN

Patent expired July 5, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on September 1, 1996, but this patent ends 789 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
PP4070
Filed
September 1, 1976
Granted
July 5, 1977
Expires
July 5, 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

This invention relates to a novel miniature rose variety characterized by its lavender blossoms which are similar to Angel Face.

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, spreading, much branched habit, essentially as illustrated and described, characterized by buds and flowers of a medium lavender or lavender pink color resembling the `Angel Face` Floribunda rose (U.S. Plant Pat. No. 2,792) and resembling the New Penny miniature rose (not patented) in form of bud and flower-- the buds and flowers being somewhat larger in size than New Penny; and further characterized by a plant which is vigorous and compact, said plant being easy to propagate from cuttings, with medium small, disease resistant, semi-glossy, foliage, an abundance of bloom, with flowers borne singly or several to the stem in small clusters.

Read the full patent: US Plant Patent PP4070 in full — the complete specification, every figure, and the file history.