US Plant Patent PP4168
Rose plant
PUBLIC DOMAIN
Patent expired December 20, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on January 21, 1997, but this patent ends 763 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
- PP4168
- Filed
- January 21, 1977
- Granted
- December 20, 1977
- Expires
- December 20, 1994
- Assignee
- HARMON SAVILLE NOR 3 EAST MINI
- Inventor
- SCHWARTZ ERNEST
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
A novel miniature rose characterized by yellow blooms borne on low, virtually thornless stems.
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 miniature class, substantially as shown and described, characterized particularly by high centered, recurrent flowers of persistent yellow coloring borne primarily singly to a stem, on any petalled flowers which open well under varied weather conditions and are long lasting on the plant and as cut flowers grown on a vigorous but compact growing plant with abundant foliage and virtually no thorns.
Read the full patent: US Plant Patent PP4168 in full — the complete specification, every figure, and the file history.