Trees
3,182 US plant patents cover trees, across 31 genera. 1,440 of them (45%) 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 |
|---|---|---|---|
| Prunus | 1,494 | 766 | October 10, 2026 |
| Malus | 510 | 231 | September 15, 2026 |
| Lagerstroemia | 147 | 39 | November 21, 2028 |
| Citrus | 124 | 28 | March 27, 2027 |
| Ilex | 105 | 38 | October 1, 2026 |
| Pyrus | 71 | 44 | August 22, 2027 |
| Acer | 68 | 37 | September 16, 2026 |
| Cornus | 68 | 33 | June 12, 2027 |
| Thuja | 60 | 4 | April 13, 2027 |
| Quercus | 56 | 22 | December 13, 2026 |
| Ficus | 55 | 30 | February 26, 2027 |
| Juglans | 45 | 37 | August 28, 2027 |
| Persea | 42 | 20 | October 28, 2028 |
| Olea | 37 | 8 | February 27, 2027 |
| Cercis | 33 | 4 | August 22, 2027 |
| Magnolia | 32 | 12 | April 18, 2028 |
| Pistacia | 28 | 11 | December 4, 2033 |
| Ulmus | 24 | 17 | February 9, 2027 |
| Mangifera | 22 | 6 | November 18, 2028 |
| Juniperus | 21 | 8 | January 24, 2028 |
| Carya | 19 | 4 | July 23, 2028 |
| Betula | 17 | 13 | November 28, 2031 |
| Vitex | 17 | 0 | March 13, 2034 |
| Chamaecyparis | 16 | 0 | May 8, 2028 |
| Picea | 13 | 4 | March 19, 2027 |
| Cotinus | 11 | 2 | December 22, 2026 |
| Pinus | 10 | 4 | December 7, 2026 |
| Salix | 10 | 7 | July 16, 2027 |
| Castanea | 9 | 1 | January 30, 2028 |
| Eucalyptus | 9 | 1 | March 23, 2029 |
| Fraxinus | 9 | 9 | — |
Coming off patent next
- MalusSeptember 15, 2026
- AcerSeptember 16, 2026
- IlexOctober 1, 2026
- PrunusOctober 10, 2026
- PinusDecember 7, 2026
- QuercusDecember 13, 2026
- CotinusDecember 22, 2026
- UlmusFebruary 9, 2027
- FicusFebruary 26, 2027
- OleaFebruary 27, 2027
This grouping is ours, not the USPTO’s. A plant patent records a botanical genus; it never says “tree”. 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.