US Plant Patent PP4243
Rose plant
PUBLIC DOMAIN
Patent expired April 25, 1995. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on April 13, 1997, but this patent ends 719 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
- PP4243
- Filed
- April 13, 1977
- Granted
- April 25, 1978
- Expires
- April 25, 1995
- Assignee
- ARMSTRONG NURSERIES INC
- Inventor
- SWIM HERBERT C; ELLIS ARNOLD W
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 new hybrid tea rose of the tall bush type, tender to semihardy, raised as an outdoor seedling and useful primarily for garden decoration. The most notable characteristic is the bicolor nature of the blooms which have a general color effect between orange and yellow, usually with 25 to 35 petals plus 1-5 petaloids, and a color reverse, especially on the outer petals. The color changes from reddish orange to yellowish pink as the flower matures.
Show the legal claimThe single numbered claim as granted — the legal text that defines what this patent covers.
We claim: 1. A new and distinct variety of hybrid tea rose, substantially as described and illustrated herein, and having a tall upright bushy habit of growth, with medium size to large glossy foliage and smooth erect peduncles, the variety being characterized especially in the bicolored flowers which it bears, these comprising petals of an orange color on their inner surfaces and a yellow reverse on their outer surfaces, said flowers having from 25 to 35 petals and from 1 to 5 petaloids disposed about approximately 90 pistils.
Read the full patent: US Plant Patent PP4243 in full — the complete specification, every figure, and the file history.