US Plant Patent PP4088
Rose plant
PUBLIC DOMAIN
Patent expired August 2, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on August 3, 1996, but this patent ends 732 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
- PP4088
- Filed
- August 3, 1976
- Granted
- August 2, 1977
- Expires
- August 2, 1994
- Assignee
- SPRING HILL NURSERIES CO
- Inventor
- KYLE THOMAS B
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 climbing mutation of Kolner Karneval.
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 climbing rose plant substantially as shown and described, which is a mutation of the hyrid tea rose known as "Kolner Karneval" (also known as "Blue Girl"), characterized particularly by strong canes of vigorous growth capable of attaining a length of 10 to 12 feet in the first growing season and flower form and foliage of the original variety, i.e., bluish lavender-pink coloring displaying pleasing bluish silver tones at the heart of the flowers combining with abundant, large, deep green, glossy, thick foliage, on a vigorous profusely blooming plant bearing flowers both singly and in clusters on a recurring basis throughout the growing season.
Read the full patent: US Plant Patent PP4088 in full — the complete specification, every figure, and the file history.