Genus
Aconitum
4 US plant patents have been granted in this genus. 3 are already in the public domain — anyone may propagate and sell them. The next of the 1 still protected comes off patent on January 16, 2027.
Still under patent — 1 cultivar
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Blue LagoonPP19136Aconitum plant named ‘Blue Lagoon’UNDER PATENTJanuary 16, 2027
Already in the public domain — 3 cultivars
Most recently freed first. Anyone may propagate and sell these plants — though the name it is sold under may still be a live trademark.
- CloudyPP17800Aconitum plant named ‘Cloudy’PUBLIC DOMAINDecember 30, 2025
- Royal FlushPP16102Aconitum plant named ‘Royal Flush’PUBLIC DOMAINOctober 12, 2024
- Pink SensationPP12661Aconitum plant named ‘Pink Sensation’PUBLIC DOMAINAugust 22, 2020
A patent expiring frees the plant, and its cultivar name comes with it — cultivar names cannot be trademarked, so they are always free to use. What it does not free is any brand name the plant is marketed under. Those are trademarks and renew indefinitely.