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The Patent Garden

US Plant Patent PP4438

Rose plant

PUBLIC DOMAIN

Patent expired March 31, 1998. This plant is in the public domain — anyone may propagate and sell it.

No term adjustment or disclaimer is recorded against this patent, so this is the full statutory term — twenty years from the filing date.

The record

Patent number
PP4438
Filed
March 31, 1978
Granted
July 17, 1979
Expires
March 31, 1998
Inventor
WARRINER WILLIAM A

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 vigorous, upright, branching rose plant of the hybrid tea class, having chrome yellow color of buds and blooms, stems with numerous, long straight prickles, little fragrance, and good resistance to rose powdery mildew.

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 hybrid tea class, substantially as herein shown and described, characterized particularly as to novelty by the unique combination of its heavily branched plant, Chrome Yellow color of buds and blooms, good resistance to rose powdery mildew, lack of fragrance and stems with numerous, long straight prickles.

Read the full patent: US Plant Patent PP4438 in full — the complete specification, every figure, and the file history.