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The Patent Garden

US Plant Patent PP4441

Rose plant

PUBLIC DOMAIN

Patent expired July 21, 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
PP4441
Filed
July 21, 1978
Granted
July 24, 1979
Expires
July 21, 1998
Inventor
CONKLIN H 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 climbing rose plant of the hybrid tea class combining red, cerise, and yellow petal colors, originating as a sport of Patchwork. The present invention relates to a new and distinct variety of rose plant of the climbing hybrid tea class, which originated as a sport of the variety, "Patchwork" (U.S. Plant Pat. No. 4,012). The new variety was discovered by me at my nursery in McFarland, Calif., in a cultivated area. My attention was drawn to a plant that was presumed to be the variety, Patchwork, but which exhibited definite climbing characteristics in that it produced canes which were 8 to 10 feet in length. This new variety has been asexually reproduced by budding, under my supervision, at McFarland, Calif. Observations of the above asexual reproductions of the new variety have shown that the climbing habit comes true to form and is transmissible through succeeding asexual propagations.

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 climbing hybrid tea class, substantially as herein shown and described, characterized particularly as to novelty by its general similarity to its parent variety, Patchwork (U.S. Plant Pat. No. 4,012), but different therefrom by its pronounced climbing growth habit.

Read the full patent: US Plant Patent PP4441 in full — the complete specification, every figure, and the file history.