Herbs & Vegetables
602 US plant patents cover herbs & vegetables, across 13 genera. 148 of them (25%) have already expired — those plants are in the public domain and anyone may propagate and sell them.
Genera in this group
| Genus | Patents | Free to propagate | Next to expire |
|---|---|---|---|
| Lavandula | 168 | 49 | December 27, 2026 |
| Ipomoea | 102 | 15 | May 7, 2027 |
| Humulus | 84 | 19 | December 21, 2026 |
| Cannabis | 53 | 0 | April 30, 2032 |
| Colocasia | 42 | 4 | August 13, 2027 |
| Mentha | 30 | 13 | August 3, 2028 |
| Cynara | 28 | 15 | October 19, 2027 |
| Asparagus | 26 | 21 | November 25, 2027 |
| Allium | 25 | 3 | April 16, 2030 |
| Stevia | 15 | 3 | April 28, 2030 |
| Ocimum | 11 | 2 | June 9, 2032 |
| Capsicum | 9 | 0 | January 3, 2028 |
| Rosmarinus | 9 | 4 | May 12, 2028 |
Coming off patent next
- HumulusDecember 21, 2026
- LavandulaDecember 27, 2026
- IpomoeaMay 7, 2027
- ColocasiaAugust 13, 2027
- CynaraOctober 19, 2027
- AsparagusNovember 25, 2027
- CapsicumJanuary 3, 2028
- RosmarinusMay 12, 2028
- MenthaAugust 3, 2028
- AlliumApril 16, 2030
This grouping is ours, not the USPTO’s. A plant patent records a botanical genus; it never says “herb or vegetable”. We group genus by genus, which means the grouping is only as good as that judgement — and a genus that spans two kinds appears under both. For the precise answer, use genus.
A patent expiring frees the plant, not the name. The cultivar name is always safe to use; a trade name may still be a live trademark. See what you may call it.