US Plant Patent PP4015
Yellow rose plant
PUBLIC DOMAIN
Patent expired February 8, 1994. This plant is in the public domain — anyone may propagate and sell it.
Twenty years from the filing date would end on March 1, 1996, but this patent ends 752 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
- PP4015
- Filed
- March 1, 1976
- Granted
- February 8, 1977
- Expires
- February 8, 1994
- Assignee
- JOSEPH H HILL COMPANY
- Inventor
- BYRUM ROY L
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 variety of hybrid tea rose intended for greenhouse culture and the commercial production of cut flowers, characterized by its abundant and continuous production of medium large, long pointed buds which when first cut, open up very well in the base to produce attractive, well formed, 4 to 5 inch flowers which have a distinctively strong tea fragrance and better than average vase life. This new rose plant has a vigorous, much branched growth habit and abundant foliage of large leaves which accentuate the brilliance of its yellow flowers.
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 rose plant variety substantially as herein shown and described, characterized by the distinctive yellow color and the strong tea fragrance of its flowers, its vigorous growth, and its year around abundant production of blooms on strong upright stems.
Read the full patent: US Plant Patent PP4015 in full — the complete specification, every figure, and the file history.