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The Patent Garden

US Plant Patent PP4583

Rose plant

PUBLIC DOMAIN

Patent expired November 4, 1997. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on March 22, 1999, but this patent ends 503 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
PP4583
Filed
March 22, 1979
Granted
July 29, 1980
Expires
November 4, 1997
Inventor
WEEKS O L

No cultivar name of record

This patent does not name the plant. Through the 1980s and early 1990s that was still common: naming every new cultivar only became standard practice as plants began to be marketed under brand names. The grant identifies this one by its number and by a written description instead.

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 hybrid tea rose plant of unusual red shade which is quite dark yet having brightness and life, reverse of petals being a yellowish cream distinguishing from other rose plants in a garden or decorative arrangement, the buds being long, tapered and formal, growing on upright, tall stems, with shiny waxy foliage.

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 inside petals of a dark red shade of peculiar brightness and life, with reverse of the petals yellowish cream producing a bicolor effect, with long, tapered formal buds, upright, tall plant habit, and waxy shiny foliage with generally better growth than the parents.

Read the full patent: US Plant Patent PP4583 in full — the complete specification, every figure, and the file history.