With its patent application in 1997, would the patent not have expired in 2017, making this rose eligible for the cuttings exchange?

I purchased traviata last season as a potted rose, it was my second one, i already had a pink traviata and i wanted a red one. It didnt do so well, it was very leggy,stingy with the blooms, nothing at all like the pink traviata, which is a monster grower with 4 to 5inch blooms size. I wonder how could the two roses be so different, red traviata was doing so badly i had decided to shovel it this season( i usually give a rose 3years to grow its best) but this one was so bad i figured couldnt do better. But instead i decided to move the plant into an area in my garden where i know it would get more than 6hrs of sun, low and behold, it worked! the plant has come to life(ITS ALIVE)!!!! It has double it growth, now more bushy and starting to give off blooms, they still arenot as large as its pink sister plant, but we shall see. Iam gonna keep it, the potential has greately increased an this plant is looking good and a keeper.