US Plant Patent PP4138
Rose plant
PUBLIC DOMAIN
Patent expired November 1, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on October 21, 1996, but this patent ends 720 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
- PP4138
- Filed
- October 21, 1976
- Granted
- November 1, 1977
- Expires
- November 1, 1994
- Inventor
- WILLIAMS J BENJAMIN
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 winter-hardy grandiflora rose variety having long-lasting, iridescent, orange-red blossoms.
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 grandiflora class, substantially as shown and described, characterized particularly by recurrent flowers borne singly and in sprays of 3 to 5 blooms having brilliant orange-red cast at the inner petals with iridescent quality on an upright compact plant of above average winter hardiness and disease resistance.
Read the full patent: US Plant Patent PP4138 in full — the complete specification, every figure, and the file history.