US Plant Patent PP4230
Rose plant
PUBLIC DOMAIN
Patent expired March 28, 1995. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on June 10, 1997, but this patent ends 805 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
- PP4230
- Filed
- June 10, 1977
- Granted
- March 28, 1978
- Expires
- March 28, 1995
- 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
The subject of the present invention is a new and distinct variety of miniature rose plant characterized by slender deep yellow buds and flowers of about 20 petals which resist fading even in hot weather and further identified by the rounded, much branched plant with glossy foliage.
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, rounded, much branched habit, substantially as illustrated and described, characterized by buds and flowers which are clear deep yellow in color with an occasional guard (outer) petal splashed with red, the bud and flower resembling Bit O'Sunshine (miniature -- U.S. Plant Pat. No. 1,631) in size and shape; and further characterized by a plant which is vigorous and compact, easy to propagate from cuttings or by budding, with an abundance of small to medium size semi-glossy foliage and an abundance of flowers borne singly or several to the stem in loose clusters.
Read the full patent: US Plant Patent PP4230 in full — the complete specification, every figure, and the file history.