Rose plant seedling

PUBLIC DOMAIN

Patent expired November 15, 1994. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on February 3, 1997, but this patent ends 811 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

PP4151

Filed

February 3, 1977

Granted

November 15, 1977

Expires

November 15, 1994

Assignee

E G HILL CO INC

Inventor

JELLY ROBERT G

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 red rose plant intended for greenhouse culture for the production of cut flowers, originated as a seedling of Red American Beauty (P.P. 1,982) crossed with Forever Yours (P.P. 2,443), the new plant being distinguished by its vigorous growth and free, continuous production of very large flowers having a brilliant red color which is an improvement over both parents. This new plant crops more uniformly than its seed parent and has a better flower form, it has the cropping characteristics of its pollen parent and has more shoots borne on slightly shorter stems.

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 red rose cultivar substantially as herein shown and described, characterized by the brilliant red color of its very large blossoms, its vigorous habit of growth, its retention of the good cropping characteristics of its pollen parent, and its improved flower form over that of its seed parent.

Read the full patent: US Plant Patent PP4151 in full — the complete specification, every figure, and the file history.