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The Patent Garden

US Plant Patent PP4250

Strawberry plant

PUBLIC DOMAIN

Patent expired May 9, 1995. This plant is in the public domain — anyone may propagate and sell it.

Twenty years from the filing date would end on April 15, 1997, but this patent ends 707 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
PP4250
Filed
April 15, 1977
Granted
May 9, 1978
Expires
May 9, 1995
Inventor
JOHNSON JR HAROLD 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 new and distinct everbearing strawberry plant particularly characterized by presenting occasional basal foliar bracts, having high vigor and heavy bearing when chilled and having darker foliage and greater strength than normal for an everbearer. Compared to that of Driscoll, U.S. Plant Pat. No. 3,529, fruit of the instant plant is generally wider than long, firmer, darker on the outside and whiter on the inside.

Show the legal claimThe single numbered claim as granted — the legal text that defines what this patent covers.

I claim: 1. The new and distinct variety of strawberry plant herein described and illustrated, and identified by the characteristics enumerated above.

Read the full patent: US Plant Patent PP4250 in full — the complete specification, every figure, and the file history.