Genus
Athyrium
4 US plant patents have been granted in this genus. 1 is already in the public domain — anyone may propagate and sell it. The next of the 3 still protected comes off patent on October 31, 2027.
Still under patent — 3 cultivars
Soonest to come off patent first. You may not propagate these for sale until the date shown.
- Ocean's FuryPP20126Athyrium plant named ‘Ocean's Fury’UNDER PATENTOctober 31, 2027
- Crested SurfPP33057Athyrium plant named ‘Crested Surf’UNDER PATENTFebruary 21, 2040
- JA1966PP35212Athyrium plant named ‘JA1966’UNDER PATENTSeptember 6, 2042
Already in the public domain — 1 cultivar
Most recently freed first. Anyone may propagate and sell this plant — though the name it is sold under may still be a live trademark.
- Pewter LacePP15721Athyrium plant named ‘Pewter Lace’PUBLIC DOMAINJuly 2, 2024
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.